We can see with current legal situation around AI learning and data scraping how companies and their lawyers has starting to work around the issue of not having

We can see with current legal situation around AI learning and data scraping how companies and their lawyers has starting to work around the issue of not having data protected by copyright. The general alternatives to copyright seems to be TOS and contract law, except for Hollywood which went and drafted their own special law. Downloading software from a server means you need to have access to that server, possible through an account. There is also a fair amount of precedence covering the enforceability of TOS and limitations of server access, especially when a company earn profit on intentionally ignoring them. Contract law has its own issue, and copyright is generally seen as much easier to understand and enforce, but if contract law can be used to control how software and data is used after a user has downloaded it then it could be used for something like GPL.