I wouldn't be surprised to hear one of us say 'The market will sort it out'. And you know what? That's the answer to your little Hypothetical. The Market will sort it out.
I agree, most Libertarians would believe that the market would sort it out. However, their position on what role the legal system would play in that sorting will vary. But it's true, many 'defects' in the legal system can be worked around by contract. (For example, EULAs are one way Microsoft 'works around' perceived weaknesses in the law of copyright.)
The 'blue' crack was hyperbole. But, all too often, an accurate one. The defining characteristic of a Libertarian is our love for debate (as evinced by the length of this thread)
EULAs are not contracts, and they're not enforceable.