Well to be honest I don't think those clauses hold much water in court. Once you purchase/lease software you have a lot of rights of what you can do with it. There have been cases where EULAs did not hold up in court cases, though now I cannot recall what those cases were. I just remember judges ruling on them that the end user has a right to do whatever they want with in reason if they legally paid for the product.
Which is why hacking hardware is not illegal. If you hack your Wii or your PS3 it is not illegal, but you may void your warranty.
Not true. I would not run with that. Hardware, device or software could easily be declared as pirate device with the government. If it is and they prove use for illegal activity and if they can show a trail that you did something illegal it will lead a trail back to you. In most cases they are afraid also to prosecute because if they fail they will be back in court for malicious prosecution and extortion.
On another note its usually and depending on the proof its to federal court with intent. A stupid jury could convict you. Yea you could have used it.
I for example was direct tv and dishnetwork. i separated from the civil case with 10 people. i went it alone. the civil suite was tied to a $1,000,000 fine with 10 people. Each had to pay $100,000. Mine was different. Never made it to jury. I am not allowed to have it was part of condition. Im out and glad. It was going to cost me another $2500 with a jury. Lawyer offered like $1500 and conditions were set for me.
an example might be a glitcher for smart cards. Makibu was one. declared a pirate device. Wii fit kit. Makibu owner programed a U.S. feds card. then they were able to confiscate all the records, credit card numbers that led a trail back to you. Programing eproms or something specific to like Wii or play station and you know will get you a round in federal court. and its not free and risky.
If your are going to get one ya better pay cash with no trail.