If I had to guess, these new terms don't really mean much. A good lawyer (which will cost you an arm and a leg) can always get your case in front of a judge but, in most cases, you're just as well off going before Judge Judy. At least then you will get to walk away with a free trip to California and a few hundred bucks for spending money!
Buying anything has always been a case of 'caveat emptor' (buyer beware). But your beef has got to be more than the cost of a software title before you can build a case worth spending your hard-earned money on.
My response to these new terms and conditions? Ho-hum.
I'm not sure why anyone would feel the need to join a class action suit against Microsoft based on dissatisfaction with software. Every Microsoft app I'm familiar with either offers a downloadable trial version or can be run for at least 30 days unlicensed. For retail products, if the store won't accept a return, Microsoft will allow you to return the item to them up to 45 days from purchase.
I would much rather get my money back and move on to the next project than to join a class action, wait forever, fill out pages of documentation, then get back a fraction of my investment. As you say, many of these suits are lawyer enrichment schemes, especially when directed at a company that allows you to try before you buy.
Hey, guess what, class action suits have a place! They keep big corporations honest! They keep companies honest. Maybe, all the individuals should sue independently and tie up the courts and corporations for years!