Earlier quoted context omitted.
Some 20 years ago there was a story about a guy who was opening a bank account. The bank sent the contract, the guy ameneded it with things like "you will give le unlimited credit that I do not need to repay" (if my memory serves me right). He signed, sent both copies, got his bank signed copy back Went yo the bank, the bank sued him, he won (the judge told the bank that when you play dirty games you sometimes loose)…
...In Russia. That wouldn't work in the U.S. Changes to material terms in a contract generally informed consent (meaning, that the modifications are actually disclosed to the counterparty before they sign) or specific consent (such as a initializing the sections of the contract where the modifications occur). This is a basic part of the UCC, which all states have adopted in some form. There are a lot of people on the…
I never heard of a corporation being forced to point out explicitly which lines in their long terms and conditions document have changed. But it's a well known obligation for regular citizens, because material terms.
> that the modifications are actually disclosed to the counterparty before they sign
Does Microsoft explicitly draw your attention to the fact that Copilot is for entertainment purposes? No, it buries that in a long document hoping you won't see it, and advertises it as the complete opposite, but it's ok when they do it, because those are not material terms, whatever that means. It means it's ok when the big guys do it, in the end.