Fairness (ethics, moral judgement, justice) is inherently a different layer of our civilization than license (law, contracts). I'd say fairness is more important than any and all licenses ever.

Also, I think through history every law was made in the name of making law more just, bringing the legal system closer to an ideal of justice.

We also know that simply throwing out law and bringing back case by case judgments (eg. what kings and lords of old did) just gets us further from that ideal, hence we work on our laws and licenses. But that doesn't mean we should forget that they are imperfect and sometimes they need updating.