Software licensing is very weird. For example, if you purchase a prebuilt computer (HP, Dell, Sony, Toshiba, etc) you are also getting a license of windows if windows came preinstalled. You technically own that computer and the software license that came with it. However, that license is bound to that machine. Meaning it is part of a package. If you own lets say a HP desktop that came with windows XP home on it. You then own a license for XP Home since you own the computer.
Notice how almost all the manufactured computers these days have the product ID key on the machine, on a sticker? That is because it is bound to that machine. So, if you want to sell that machine, like on ebay, you are also selling that copy of windows with it.
Same thing goes for MS office if it comes preinstalled, or you add an OEM version with your computer. I used to work for a Microsoft reseller a while back ago in their service department. I was basically a tech for sales support and for our retail clients. If a client ordered a machine a certain way, I did the silent OEM installs for them. If they returned the computer with in their 15 day or 30 day (or however long they had) return period, we could not resell the open box machine with out keeping that copy of office with it. That is why we got such a good deal on OEM pricing. You could add Office XP Professional for around 200 dollars, full version. Not a bad deal considering what it cost retail.
Now, there is definitely a gray area, which would have to be interpreted by lawyers, which is why we need and have them in technology.
Lets say, I am an IT worker, and I just ordered and paid for $40,000 of high end software licenses (like unlimited auto cad seat or maya, or similiar, onsite license type of thing). The company who developes the software already got their money by selling it to a reseller, and the reseller made money off of the mark up.
Now lets say this is a pain in the ass to set up because of how the set up works. I won't go into huge detail but I have deployed high end software images over a network that require a license server, to verify that you paid for the license. Typically these are a pain to set up and usually only work in a pure microsoft enviroment. Meaning you can slap it on a cheap old open source linux server.
Now if you paid for the software and own it, and decide to just download the cracked version on bittorrent and install it on your desktops at work, then just shelf the real versions still in the factory seal, are you breaking the law?
Yes, you are.
Will they come after you?
Most likely not, especially if you paid for it.
Then you have two types of open source licenses, one that is completely free, and one you can charge for, even though its open source
It get real technical and real unclear sometimes what exactly you agree to in an EULA. It also makes me mad that some higher end software packages are such a pain to install because of all the security measures the company goes through for anti-piracy, yet it stops nothing and you can stll download a cracked version online and it works fine, and its easier to install.