Am coming late to this thread and I don't want to get into axe-grinding or long drawn-out EULA debates. So I'll confine myself to one nit and one broader observation.
The nit: in US or English law, at least, someone who violates the EULA isn't doing anything illegal. The EULA is a private contract, and if you violate it, you're in breach of contract or committing some other sort of contract violation that would be addressed under civil law. It's not like piracy, where there are criminal statues. It's more like an argument - the kind that leads to cease-and-desist letters and lawsuits and such. Apologies, but the "illegal" thing about EULAs is like fingernails on a blackboard to me. So I had to get it out of my system. I feel much better now. Aren't you glad?
The broader point - I've been on P3D v2 pretty much exclusively since it came out, and have had very few compatibility issues (though a couple have hurt - the RealAir Spitfire and the Aerosoft/4X Katana come to mind). So I buy the argument that to date, the additional charges for P3D licenses have more to do with potential liability and with the rather weird LM-Microsoft agreement that started us all down this path. However, like some of you, I'm concerned about what happens when the platforms diverge. I haven't seen much commentary about this, but in the last few weeks there have been a couple of hints dropped - mostly in the Avsim P3D forums - that 1) LM is working on a P3D v3, targeted for some time in the next year or so, and 2) LM is trying to figure out how much compatibility to maintain. Now, that could all be noise and smoke, but it would also make sense that at some point, LM decides to evolve ESP into a different-enough platform that developers will have to make major changes to their products, or opt out and point toward FSX and its Dovetail descendants. If that happens, P3D becomes not only divergent, but also pretty expensive to live with.
What I'm doing at the moment is experimenting a bit with FSX Steam Edition to see how it performs and whether I can live with it. Am not sure where I'll come out, but it's nice to have an exit strategy.
It's nice to be back in the RealAir spit, too.
My (belated) $.02.