Piracy is not theft. It is illegal gift.

A pirat is someone who bought a software legally, and who distribute it illegally to other people, for free.

It's illegal because he was supposed not to do that, according to the EULA.

But still, illegal gift very much doesn't sound like theft.

Is it justified ? I don't think so. Not at all. If you agreed to the end-user licence, then you gave your word, and you have to stick to it. So I do not justify piracy.

However, considering that to me the whole idea of non-redistribution policy is just stupid, I will never throw the first stone at a pirat.