Lawyers and lawmakers (who are very often also the former) in their infinite wisdom have created a system in which they always win, even when the people the system ostensibly exists to serve do not.
The difference being the software industry contains less compulsion. Nobody is compelled to interact with you or your peers. The very nature of the law renders all analogies you can think of inherently flawed. The closest analogy you could make would be to doctors in the hypothetical scenario where other people are allowed to hire doctors to injure you, requiring you to in turn hire your own doctor. Which is absurd but the reality of our legal system.