With software you accept an EULA. It's just a technicality due to the law being in place with books and movies, so it's implicitly considered your obligation there, which is, I agree, not nice.

You'll just have an EULA for books and movies to accept.

Your arguments for that situation?

EDIT: Also I don't get how it's still not a condition violated. Don't see any decipherable arguments except for silent downvotes.