I guess that depends on how you are obtaining Photoshop. If you are downloading the trial version, you are free to use the software within the time limit. Additionally, if you have purchased the software at Adobe's website and downloaded it via ESD, you can also use it for commercial, non-commercial or any other use. However, if you have acquired the full software via a "warez" site, you have pirated the software. In effect, that's considered theft via copyright infringement. There are instances in the past where users have been tried in criminal court and convicted. Sentences have varied from fines to incarceration for various lengths of time.