People are free to enter contracts stipulating just about anything. Society may decide that certain terms are unconscionable, or that certain circumstances can'

People are free to enter contracts stipulating just about anything. Society may decide that certain terms are unconscionable, or that certain circumstances can't lead to a valid contract, but it's generally a "default allow" policy. Contracts being enforceable in the technology realm doesn't mean there's an "effort by society" to do anything; it would take effort to make them unenforceable. The intellectual property system is explicitly provided for in the Constitution; it's not a "reaction" to anything recent. Though I do think the shape of its application to software and digital media comes from impartial parties not having a good understanding, and competent parties being motivated to protect their interests.