In practice, people are not exposed to any scrutiny. Tons of people pirate operating systems, image/video editors, CAD software, games, etc. without any issue.

In practice, people are not exposed to any scrutiny. Tons of people pirate operating systems, image/video editors, CAD software, games, etc. without any issue. It's only large organizations that have that exposure. This is doubly true if you publish the source code to a program you wrote with an "all rights reserved" notice (i.e. you're not really trying to prevent individuals from using your work). If an individual used your program, you'll never know. If a large organization is freeloading off of you, and you learn of it, and you don't like it, then you can go after them. They have no defense because you explicitly told them they may not use it.