That's definitely NOT what a pirate is. By that logic all fangames would be called pirates :x
A pirate is better seen as an unofficial game that uses another companies copyrighted characters, story line etc. and is being sold without any consent of the original creators. Even then, if someone made a fangame online and was selling it, that still kind of doesn't fit the traditional idea of a pirate. If copies of the game were being produced and sold in Africa or something(
), then that'd count though.
Mostly has to be something that's being sold in stores to try to trick the consumer into thinking its an original product to be called a pirate.