Crappy excuse, because it applies to binary software too.
I find a file called "Microsoft Office" on a torrent site, I don't know the license until I download it.
If you're going to argue "but you can Google it" then (a) the same applies to source code, and (b) put some abandoned but stil payware & under copyright title instead of "Microsoft Office" and the argument will hold (Google won't help).
Hey, I'm not disagreeing with you. Only saying that your example is not actually applicable, because it's nothing to do with having seen the EULA. It's all about intent.
I find a file called "Microsoft Office" on a torrent site, I don't know the license until I download it.
If you're going to argue "but you can Google it" then (a) the same applies to source code, and (b) put some abandoned but stil payware & under copyright title instead of "Microsoft Office" and the argument will hold (Google won't help).