The Answer is No! Provided that they jump through a large set of hurdles...

Disaster Recovery Rights

For each instance of eligible server software you run in a physical or virtual OSE on a licensed server, you may temporarily run a backup instance in a physical or virtual OSE on a server dedicated to disaster recovery. The license terms for the software and the following limitations apply to your use of software on a disaster recovery server.

The OSE on the disaster recovery server can run only during the following exception periods:

In order to use the software under disaster recovery rights, you must comply with the following terms:

These rules come from the Microsoft product use rights guide page 70 (will change).

To see the Full Guide to Microsoft's Product Use Rights, Click Here: http://www.microsoft.com/licensing/products/products.aspx