IBM used to sell you the computer, and the software was free. The industry could resurrect that practice as a loophole.

If you sell the computer with the software preinstalled it would still fall under the selling a product part. So if you'd want to actually have a loophole you'd at best be selling the product without any software, and we both know how well that would go with the masses.

> [...] and we both know how well that would go with the masses.

Pretty well, actually, as long as you can download the software for free.