Again, it apparently flew waaaay, waaaay over your head, but nothing will change the fact that any argument that somehow postulates that there was no agreement signed by the user (The Verge) in order to access/use the software or that the agreement is invalid, can not be proven that it was accepted, etc., is a self-defeating argument. Because if we accept this postulate to be true, then we also have to conclude that the user (The Verge) had no right access/download/run the software at all, and was acting illegally, because of copyright law.
Now, if you still don't understand that argument, then go back and keep re-reading it until you do. Because until you can debunk this argument (and you can't, because it's impossible, by definition), it stands that The Verge is either lying when they say they didn't have to accept any agreement to run the software, or they're admitting to have downloaded and run the game without a valid licence/permission, in which case they were breaking the law just because they had no agreement, and hence no licence/permission to run and download the game.
Simple as that.