Believe it or not, I had to look up IANAL.. but only to say IAAL! In the "old" days, software was developed pursuant to a contract which spelled out the rights and liabilities of the parties, specifications, performance and capabilities of the software, ownership, and payment. These agreements were negotiated between parties of roughly comparable bargaining position. In some cases, the developer owned the final product, but in most cases the software was a "work for hire" and the owner was whoever paid for it.

With the advent of mass market software and click wrap EULAs, companies (and I am using MS as an illustration here) had the ability to set out the terms and conditions under which they would deign to allow you to "use" the software which you had purchased. Applying the previous law with negotiated contracts, the courts mainly held that the contracts were enforceable unless "unconscionable."

The differences in ownership and licensing rights plus the difference in negotiating power of the parties is what has changed the most. Plus, in the old days, if you paid for the software they didnt care what you did with it..

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