Re: License as Contract
Give the GPL a second look. The GPL imposes no restrictions on use; it only imposes restrictions on copying, which is quite different. As far as I'm aware you cannot limit use without a contract, you can only limit actions already forbidden by law (such as copying).
License as Contract
"Enforceability is another question. Open Source licenses (GPL or any other) constitute legally binding contracts but have hardly been tested in the U.S. courts, much less outside the United States."
Licenses are legally binding contracts? Says who, the people who wrote the license? Treating licenses as contracts is exactly what opponents of UCITA would like to prevent.