I think it's a relevant distinction. Clearly the California company doesn't apply to all corporations in the world or even country. The point is there's likely a loophole that for an interstate or international software corporation will render the regulation toothless.

Every company doing business in California needs to have a license to operate here (and obey State laws). No easy loopholes here.

Companies mainly choose Delaware because Delaware is efficient and well-known for processing of paperwork and legal matters.