The sword. A literal sword of Damocles, above “tHe MaLiCiOuS eNtITy”. Is that what you need to hear to feel you’ve won? The divine rights of kings and the paradox of tolerance to meet the same end, there’s a solution to your Gordian Knot.
Now hit me with the defeatist game theory take against the groups that already would take everything.
Software has been leveraged to do mass arbitrations against companies that insist on enforcing it, somewhat leveling the playing field in the power imbalance, at no less a cost than courts ultimately for the corps. Tricky enough they’ve found it hard to make language against them too.
So in a sense, it is de-enshitification but it is more likely borne from Steam throwing in the towel against a losing proposition (preventing costly mass-arbitration) than doing so because they want every user to have the maximum legal recourse.
A W is a W though, imo.