EULAs have existed since the 80s, with no clear distinction on when software must be considered a product equivalent to a physical good, vs when it must be considered a service. The internet did not help with the ambiguity around this distinction.

I've always felt the start of a proper solution would have been to have the author distinguish whether they were selling products or services - choosing between copyright, patents and first sale doctrine for products, and trade secret protection only for services.

Now that the global economy is based on computer software, it would be a long and difficult process to make changes.