> His discs didn't have licenses
That is where you're wrong. Read the docket, better yet here is a screenshot from the demonstration that the discs had keys replicated from original Dell recovery discs:
Moreover, "so they were worth a few cents apiece." - The value of financial damage (especially in this case) matters only towards deciding the restitution amount. They also have a cut-off, above which the crime is considered to be under federal jurisdiction which wouldn't have mattered in this case since the amount was obviously above the cut-off and the crime was of inter-state nature.