What gets enshrined into law is a function of what powerful people in the society want enshrined. And these companies, their executives, and their beneficiaries are infinitely more powerful than individual users. In many ways the legal system is a compromise that companies tacitly agree to in order for legal/police protection in exchange for not hiring mercenaries and rebelling, as they do in some countries. The legal system has to serve their interests, or else powerful people would revolt. When they do revolt either violently or nonviolently, the laws shift and a new compromise is achieved. Or they just choose not to follow the laws and the state doesn't call them on their bluff, or if they do, it is only an entry-point to negotiation. Thus the current state of laws are a continuum of compromises between power players.