Second System Effect?

This whole question of how to treat models in terms of licenses feels a bit like a second system effect where everyone tries to anticipate a lot of potential angles of legal attack/loopholes. However I think that fundamentally can't work because, unlike copyright and patents when open source software licenses first appeared, the legal landscape is still very new and unclear. Another issue is that people try to anticipate issues across all kinds of jurisdictions and unify them which makes the whole thing even more complicated.