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Comment by thyrsus

20 hours ago

What is being licensed by the End User License Agreement (EULA) is the copyright on the code and its artefacts (executable bytes, etc.) - you can't have an EULA without having the copyright to license.

You can have an eula on anything, it's a contract. You don't need copyright to enforce terms that two parties have agreed upon. The only thing copyright can do is force anyone in possession of copyrightable material to honor a eula. If you can only get software through approved channels, it's hard to avoid an eula. You would have to obtain it through the same pirated channels you have to now.