Lots of things are fraud. Most of them are not theft.
The greatest ThinkSpeak the media industry pulled was to redefine copyright, contract, and license violations as "theft" and "piracy."
Saying something is not theft/harassment/abuse/murder/etc. isn't the same as saying it's okay. Precise language matters.
It's not possible for someone to steal my chair or my wallet without harming me. Actual theft usually is not a victimless crime, by definition. In contrast, most of the people I've seen engage in copyright violation are too poor to buy what they're copying. Virtually everyone I know starts paying when they get real jobs. How do I feel about a broke high school student breaking my license? It's complicated, but much less bad than about someone stealing my phone.
This clearly is retail fraud.