Just as I knew who made the post mentioning it before I even checked.How did I know reciting the EULA would trigger a response from you? Haha.
The EULA has yet to be challenged.
Apple's might not have been directly, but certainly various others have. And outside of US various ones had to be modified to fit within regulations of different countries and regions and different companies have been caught violating this or that even if they tried to cover it in their license agreements.
All that is to say that EULA is certainly something that plays a role, but it's not the be-all and end-all of it.