Hacking Law With Practice
Creative Commons did not change a line of copyright law, yet it changed the way copyright was put to use. It did this by providing new practices for copyright.
Economics has this concept of signaling. While there is a large body of theory and writing around it, the central variable is honesty. A signal might be honest or dishonest, and there are advantages to both, depending on context.
With that in mind, ask what kind of signaling is involved in a typical agreement a user