Normally, you don't license media (whether it's digital or analog is irrelevant). That CD or tape or vinyl record is sold, such that you own that copy. Title is transferred just exactly the same as how title is transferred when you buy (not license) a loaf of bread, or a screwdriver, or a book. (WARNING: Though I say "normally," what's normal does change. I'm aware that a lot of people use proprietary streaming to consume media now, instead of playing locally-stored purchased copies, and those people likely did agree to a licensing contract rather than purchasing anything.)
But with software, they've been claiming that a piece of paper that they inserted into the box, retroactively causes the sale to not have really happened, even though the information that the sale was a fraud, is hidden inside the box until after the fraud has been perpetrated. The customer thinks they bought the box rather than licensed it.
There was some monumental decision reinforcing this a while back. I'm not sure this is the best example, but it's well-illustrated in this decision in favor of Blizzard against a cheatbot named Glide, where the judge supports the outrageous assertion that WoW purchasers actually did not purchase what they thought they purchased. And then instead of throwing Blizzard's executives into prison for a decade to deter future fraud, he found in their favor instead. Dirty judge. He actually fucking says this:
section 3 of the EULA provides that Blizzard explicitly retains title to “all copies” of the game client software
[emphasis mine]
For whatever reason, nobody's tried that outside of software (that I know of). I still haven't seen a EULA packed in a loaf of bread or a music CD case. But maybe some day....?
You wouldn't necessarily be wrong to expect this form of fraud to happen some day, so perhaps you're right that Congress should nip it in the bud ASAP. Sure, ok. But Congress is normally reactive so it also makes sense they're seeing it just as software problem. None of their constituents are complaining about media companies defrauding them, just software companies.
