You are right that this is piracy, no matter how other people, like garrett, might try to justify their stealing, with claims that it isn't piracy. It doesn't matter when this version was created, Nuance acquired it from somebody, who either was the original developer, or somebody that acquired it from its developer. It has never been free or abandoned, so any use without a properly acquired license is stealing and thus piracy.
I'm using this package with a clear conscience because I did buy and use, until now, the Code Factory version of Eloquence, so I have a legitimate license to use it. All this package does for me is allow me to use it without Code Factory's DRM, which I normally wouldn't have a problem with except that it was a slow piece of crap.
As far as I can tell, it depends on what it is that is being offered. If I were to offer a cracked or purchased version of a game, you can be pretty sure that my message would be immediately deleted and I'd be banned. But I've seen Eloquence pirated here a number of times with no consequences to the person doing it. . I've also seen a purchased version of Pure Basic pirated too, again there were no consequences for the pirater. So I guess that as long as it isn't an audio game from a member of these forums, no problem, pirate away!