I've seen reports of people arguing along those lines to circumvent the new rules for now, e.g., selling software on CD that is posted to the purchaser with a free accompanying download. Some are trying a similar strategy without any physical element involved, but instead relying on the presence of some manual step, such as attaching a PDF to an e-mail sent by a real person rather than being a fully automated download.
I haven't seen anyone challenge the validity of the physical product workarounds so far, but note that similar rules are due to apply to physical sales as well as digital ones from next year, so this is probably a temporary reprieve at best.
I haven't seen anyone challenge the validity of the physical product workarounds so far, but note that similar rules are due to apply to physical sales as well as digital ones from next year, so this is probably a temporary reprieve at best.