You have to pay a subscription to use Pantone colors in Photoshop now
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There have been web-based colour scheme designers who had to remove Pantone colour support from their applications after getting a nastygram from Pantone.
It would be interesting if someone took Pantone to court on this and called BS on their legal claims.
As I understand it, it's ok to reference a Pantone Color by name without a license (nominative fair use), but that gives you no idea how to use or display it. So photoshop files could store both the pantone color name (for printing and profressional color matching purposes) and a substitute color for display on screen when unlicensed.
The UI would either prompt users for the substitute color, or automatically fill it if they did have a license at the time they selected the color. That way files wouldn't break quite so horribly when licenses expire.
TLDR: It's about using Pantone product names. Using the respective RGB/CMYK values still works fine.