For binary software licenses, historically a lot of them have been premised on the idea that it is impossible to use the software without copying it from installation media onto local storage and/or from storage into RAM for execution, meaning that effectively it's possible to use contracts based in copyright law to set terms for the use of the software and not just for what a human might think of as "copying".
I recall that being an argument used against piracy, but I don't know if it was successful or not. It seems disingenuous to me as you could classify almost any process to be "copying" e.g. reading a book is using light to make a "copy" of the printed words onto your retinas.
