But if the EULA already violates consumer rights, as implied in the article, then it is in violation of the law before a any court ruling is made. The court ruling is just confirming the violation.
So if consumer rights laws were changed and then the EULA was found in violation, you would be correct.
However, taking the consumer rights laws as they are, and assuming the EULA was agreed to after such laws were put in place, if it's found to be in violation, it would be void, or at least the portion in violation would be void. Most good contracts anymore have a stipulation that allows the remainder of the agreement to remain in effect, and only the parts found to be illegal or unenforcable are removed.
Edits = late at night and half asleep
[ March 31, 2004: Message edited by: Rio ]