Admittedly with a European viewpoint, either common law based (UK) or administrative law based (France, Belgium), there have been cases where commercial was held to mean has the company benefited in a tangible way from its use of such licenced software.

Although if you speak to a lawyer I'm sure their training would immediately start highlighting this as a concern I don't believe it should be in the vast majority of cases. Wasn't there an article on HN a few days ago basically summarising this type of concern under "so sue me" (minus expletives)