| A few reasons: 1) A contract requires a meeting-of-the-minds around an agreement. For an EULA, you click [I agree]. 2) A contract requires consideration. With an EULA, there is generally clear consideration exchanged. 3) It's called an "agreement" whereas the LGPL/GPL/AGPL is very careful never to do that or to ever say "agree" 4) the drafters stated it's not an agreement ... and so on. In other words, every effort is made into making EULAs act as contracts, and the opposite for FSF licenses. More background: https://www.gnu.org/philosophy/enforcing-gpl.html Excerpt for where to start reading: "This right to exclude implies an equally large power to license—that is, to grant permission to do what would otherwise be forbidden. Licenses are not contracts: the work's user is obliged to remain within the bounds of the license not because she voluntarily promised, but because she doesn't have any right to act at all except as the license permits." |