If a standard version of an app "phones home" you should be told in the docs, and you certainly "agreed" when you clicked on the license page of the installer. A modified version that phoned home would not document the feature and would thus be in breach of various laws as noted. Also, if a company put something up in the expectation of its being distributed they would surely be held to have given implicit consent to such distribution, so the people they caught wouldn't really be pirates per se. If warez copies of PS or whatever are phoning anywhere it probably ain't Home.