I agree that the idea of providing assent via a checkbox is highly suspect.
But unfortunately I think the law is on their side on this one because: almost ever piece of software that I've seen that presents that checkbox refuses to continue with the installation unless it is selected. Therefor, if you have their software installed and are using it, you agreed to their terms or violated their copyright.
I'm not saying I agree with that line of reasoning, I'm just saying that's what I would expect their argument to be. And in court, I think they might unfortunately win with it.
But unfortunately I think the law is on their side on this one because: almost ever piece of software that I've seen that presents that checkbox refuses to continue with the installation unless it is selected. Therefor, if you have their software installed and are using it, you agreed to their terms or violated their copyright.
I'm not saying I agree with that line of reasoning, I'm just saying that's what I would expect their argument to be. And in court, I think they might unfortunately win with it.