Jerry Pournelle wrote in 1983: “I have not seen any evidence that… Levian agreements – full of “You must not” have any impact on piracy. He gave an example of a CLA that was impossible for a user to stick to, and he said, “Come on, guys. No one expects these agreements to be respected. Pournelle noted that, in practice, many companies were more generous to their customers than their U.S. required: “So why do they insist that their customers sign “agreements” that the customer refuses to keep and that the company knows they are not respected? … Should we continue to make hypocrites for both publishers and customers?  The distinction is important because remedies for contractual damages differ from contractual damages. For example, a copyright infringement gives the owner the right to choose legal compensation for actual damages and to recover legal fees. An applicant retained in a case of business or trademark secrecy may, in addition to the actual damages to be recovered in the context of a breach claim, recover exemplary damages. In the case of patent and trademark applications, there is triple damage. The recovery of legal fees, although provided for by the Patent Act and the Lanham Act, is generally easier to recover in the context of a successful breach of contractual remedies. Therefore, these differences require careful consideration of the claim in order to maximize recovery. For the purposes of this article, we equate the IP breach with a breach of license.
A common criticism of end-user licensing contracts is that they are often far too long for users to spend time reading them carefully. In March 2012, the PayPal end-user license agreement was 36,275 words and in May 2011, the iTunes agreement was 56 pages long.  The sources of information that reported these results stated that the vast majority of users do not read the documents because of their length. Another important issue in the distinction between breach of contract or violation of the IP is whether the provision of the licensing agreement that has been breached is a contract or a precedent. If the provision were a contract, the violation would only lead to an offence. However, if this provision was a precondition for a precedent, the condition was not met and the treaty did not exist. Therefore, any use of the investigative period would lead to an offence. To prove copyright infringement in the event of a breach of a licensing agreement, the owner must complete two elements.