[try_the_bass]

I mean, a license to use something for free can still apply to something that is freely given? There's no conflation, since they're just different aspects of the same thing

And no, that's not unfair, that's absolutely within their rights, as the provider of said thing. What's unfair is willfully taking advantage of a free resource in ways that are explicitly against the reasons the provider is providing the thing in the first place. That's just place malice at that point.

After all, a license is just a social contact that can actually be enforced. I would argue the world would be a far better place if people didn't abuse the unenforceable nature of what you're calling "just a social contract".