A) Gifting games is entirely possible. Valve is actually working on trying to figure out a way to do this. It's only a matter of time.
B)Currently, 76% of the US has internet access. Of that 75%, only about 36% have broadband
C)Legitimate concern, this really depends on the kind of game it is.
E) Ok...going to quote a good friend of mine who knows her stuff about this kind of thing. Tl;DR EULA's sure as heck do matter and apply.
"What is an EULA? EULA, of course, stands for End User License Agreement and it defines the relationship between the software provider and the end user. Usually, the EULA carefully restricts the way a user can use software (such as prohibiting the redistribution of the software or reverse-engineering it) and at other times it defines the rights conferred by use (through a General Public License).
An EULA becomes a legally-binding contract if at some point in its presentation it states specifically that by clicking an accept button the user agrees to everything contained within the provisions of the EULA, and like any other voluntarily-signed agreement, its terms (as merited by the generally accepted principles of contract law) will be enforced by the courts.
Arguments akin to "I didn't sign anything at the time of purchase and therefore the (American) Uniform Commericial Code (UCC) applies" have failed time and time again across the United States. However, in the past, the enforceability of an EULA has depended on several factors, one of them being the court in which the case is heard (and, more often than not, judgements were overturned on appeal, usually in favor of the software company). Another tried-and-true defense suggested that because EULA was attached to the outside of software within a shrinkwrapped package, and usually discarded without being read, no voluntary consent to terms was given.
In response, some courts have determined that the validity of the shrinkwrapped license agreements are invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the UCC. Other courts - particularly those in Delaware - have determined that the shrinkwrapped license agreements are valid and enforceable (and most memorably, this is what was decided in the Microsoft versus Harmony Computers, Stanley Furst case). While no court has ruled on the general validity of shrinkwrapped EULAs (in that decisions have been limited to particular provisions and terms), the courts have demonstrated EULAs (even those of the shrinkwrapped variety) tend to be valid even if specific parts are not enforceable.
In other words, assuming you are permitted to return the product for a refund if you reject the agreement (a big assumption sometimes), you will be bound by all valid terms and stipulations, even if you've not read them or signed for anything. That said, the enforcement of your rights (as a consumer) isn't without a real cost, though, and courts are unlikely to be sympathetic to the "I didn't want to drive back to the store" defense... and neither is your lawyer. As for a minor's standing in terms of EULAs, that'll be another interesting discussion that eventually will be addressed, I suspect. For the keeners, here's an excellent article on these topics: http://www.frictionlessinsight.com/arch ... ad-th.html
I'll point out the 7th Circuit and 8th Circuits solidly subscribe to the "licensed and not sold" argument, while most other circuits (including Delaware's 3rd Circuit) appear to support this position. Consequently, publishers have generally moved away from the use of shrinkwrapped EULAs and made use of some form of software encryption that makes it difficult for a user to install the software without either first agreeing to the license agreement (or they'll be found in violation of the Digital Millennium Copyright Act (DMCA) and similar foreign legislation).EULAs are contracts; they will be enforced"
F) Just because there are numerous ways companies and websites can track you doesn't necessarily make it right. Congress is actually looking into this, as well as more than a few privacy advocates and foundations. The US government itself is on extremely shakey ground in regards to privacy and internet communication (See:Bills like SOPA, PIPA, OPEN and ProtectIP, but then this is old hat-just google ECHELON).
G)I don't quite get what your comment has to do with their original comment, because they're not saying that in the least. Might want to relax, you're rambling.