Well, when you're explicitly bundling your own terms and conditions you're no longer gift giving you're in-fact entering into a explicit transactional exchange abet you also need to factor in copyright laws of said material. Which also depends on the Sovereign country copyright laws, and also your ability to enforce your copyright or ownership.

I agree with your proposition that it is not considered gift-giving. How-ever that also doesn't excuse the author from explicitly stating it in the terms in the code of the said works that they publish online, how-ever most common-wealth countries do have inherent statutory copyright laws rights that protect the creator of said works.