EULAs can't be legal.
What I mean is, when you buy a sealed game, you don't know what the EULA inside says, meaning that if you discover that you DON'T agree to it, not only are you not allowed to return it (in the US, legally), you are also not allowed to ignore the EULA. You're being forced into a contract, and that is not legal.
If you sign the EULA *before* getting the game, though, like when signing up for things online, that's totally different. People that bought BF3 over the internet, then, don't have much of a case unless specific parts of the EULA go against that country's laws, but that's a different issue.
What I mean is, when you buy a sealed game, you don't know what the EULA inside says, meaning that if you discover that you DON'T agree to it, not only are you not allowed to return it (in the US, legally), you are also not allowed to ignore the EULA. You're being forced into a contract, and that is not legal.
If you sign the EULA *before* getting the game, though, like when signing up for things online, that's totally different. People that bought BF3 over the internet, then, don't have much of a case unless specific parts of the EULA go against that country's laws, but that's a different issue.