A license agreement is a written agreement between two parties in which one property owner allows another party to use that property under certain parameters. A license agreement or license agreement typically includes a licensor and a licensee. Patent licenses have been studied in formal economic models in the field of industrial organization. In particular, Katz and Shapiro (1986) investigated the optimal licensing strategy of a research lab that sells products to competing companies in the market.  It turns out that the licensor`s incentives to develop the innovation may be excessive (compared to the solution that maximises well-being), while the licensor`s incentives to disseminate the innovation are generally too weak. Subsequently, the pioneering work of Katz and Shapiro (1986) was expanded in several directions. For example, Bhattacharya, Glazer and Sappington (1992) have taken into account the need for companies purchasing licences to invest more to develop marketable products.  Schmitz (2002, 2007) showed that due to selection or moral risks, asymmetric information can lead the research laboratory to sell more licenses than would be taken into account in complete information.   Antelo and Sampayo (2017) examined the optimal number of licenses in a signalling model.  What should be included in your End User License Agreement depends on your software product. A standard version of THE AESA should cover at least a few key areas. Licensing agreements cover a wide range of known situations.
If the owner does not grant rights to use the copyrighted work, a contract does not contain a license that is precisely the grant of such rights. In fact, it is up to the right holder to decide whether he wishes to grant a licence by unilateral declaration or by contract. The treaty amendment faces the problem that, as you write above, there is a need for „acceptance“ and that it is not clear what action would mean „acceptance“. It also adds nothing to the unilateral statement, as no licensee receives information about the license terms in the GPL, cc, or license on my blog. We only have complications. For example, under German law, we must take into account Article 151 of the Civil Code and ask whether „acceptance“ can be declared without reaching the licensor. From a purely practical point of view, I like Moglen`s understanding. .