But how am I taking something from them if they still have it?
Discussion
You are taking something by violating the agreement to not copy it.
I am violating an agreement, I understand thar part, I do not agree with the fact that I am taking anything. Also I don't think it's an agreement if don't agree with it in the first place.
Yes, then you are engaging in fraud by saying you agree but you don't agree and won't abide by the agreement.