I strongly suspect that the totemic use of "non-downloadable" before "software" in the Groupon filings is related to this piece from the article:
> It was almost inconceivable to us that Groupon, with over $2.5 billion in annual revenue, a full legal team and a huge engineering staff would not have heard of the GNOME project, found our trademark registration using a casual search, or even found our website, but we nevertheless got in touch with them and asked them to pick another name. Not only did Groupon refuse, but it has now filed even more trademark applications