Remember that when choosing the lesser of two evils, the one you didn't choose is punishable by death.
Again, it's funny that the whole scene is a grey area, but the scene as a whole finds the need to act morally rightous. In a purely legal sense, however, it is understandable why piracy talk isn't condoned here. So, if there's going to be banning on the first word of piracy from someone's mouth, the rules on what is and isn't discussion of piracy clearly need to be laid out.
For instance, N00bvin's point. I'm not sure if Xantium (as I understand he's the only one who can ban) tries to make sure someone is banworthy or if he just trusts the admins to tell him the truth on the matter. If it's the latter, then the whole "one time, you're out" policy could be abused by careless or wrathful moderators with a vendetta (for instance). What if a moderator doesn't "like" a member for whatever reason, and said member makes a comment in a topic along the lines of, "Yeah, newsgroups are great, really fast download speeds". That can be construed as piracy (many believe that's all that's worth looking at on Usenet), and then this hypothetical moderator could get this member banned by simply mentioning it.
Anyway, sorry to slip into a speech here. I hope I wasn't too confusing, and don't get me wrong- the talk of piracy 'round here needs to be addressed one way or another. If you click on the link in my sig, I got a wonderful idea for it....