I think you would have a hard time trying to prove that Microsoft license agreements were unreasonable.
I'm not so sure. Many EULAs, especially shrink-wrap EULAs, closely resemble contracts of adhesion. Software companies attempt to disavow any responsibility or obligation at all, while attempting to hold users to all sorts of restrictions, which does not make for a valid contract.
If you don't like it, go to Linux or Apple OS X. That's the simple answer.
Unfortunately, it's not an answer at all. Computer operating system choices are driven by application choices, and the very vast majority of desktop applications run only on Windows. And in the case of Apple, a company that tightly controls both software and hardware (whereas Microsoft only controls the OS), it's out of the frying pan and into the fire as far as being tied to a specific vendor is concerned. Linux is just a hobby OS, so it won't work, either.
My view is that I've seen an increase in crack-down activity by Microsoft and others in the software industry over the last few years.
Ever since BillG left the company a dozen years ago, Microsoft has been riding on borrowed time, with a singular lack of innovation and many poor business decisions. Steve Ballmer is a businessman, not a technician or visionary, and he keeps making serious mistakes. Increased auditing of licenses is just one awkward and inadequate way of trying to prop up the revenue stream. Nevertheless, I don't recall ever hearing of criminal complaints against end users or end-user organizations, and I know that many large organizations are using pirated products, especially in certain regional markets (and Microsoft generally knows this). The fallout from antagonizing large accounts or bad
PR from actions taken against individuals can completely eclipse any recovery from actions against people who aren't respecting their contracts (if any).
If SteveB weren't a major shareholder in Microsoft, he would have been in the unemployment line a long time ago. Many of the natives are restless, although shareholders don't care too much as long as the company stays profitable from quarter to quarter (long-term health is irrelevant).
And by the time you employ a half-decent lawyer to do that, you might as well just buy the proper licenses !
And that's what Microsoft gambles on. The company knows that its licensing might not withstand close scrutiny, and that even if it won in the government's courtroom, it could lose in the courtroom of public opinion.