I don't know what the hypothetical penalty would be for mere use contrary to EULA, though. It would be breach of contract, and presumably the court would determine actual damages, but I don't know what cost basis there would be if the software in question was distributed freely. However, fine or no fine, I would expect the court to order the defendant to cease using software in violation of EULA, and at that point further use would be contempt of court, no?
