Earlier quoted context omitted.
Those are completely different. One is "Hi my name is XYZ at company ABC. Do you want to talk about our product DEF?" to which you instantly know it's a sales call and how to respond. The other is specifically emailing employees asking about their use in order to build a case against their employer in the hopes of getting an enterprise agreement or lawsuit out of it. It's far more shady and the actual nature of the c…
Whether the intent is positive or negative is unrelated to whether it's phishing. You could phish someone's info and then send them a gift basket.
"Hello my name is X I would like to sell you Y" is not phishing. It's not asking for any information. It's annoying, sure, but you know how to deal with it and they won't bother continuing when they know you're not interested (ie. by saying no)
"Hello my name is X, I work at Oracle, do you have a few minutes to talk about your use of VirtualBox" followed by asking questions about how you use it in order to build a case against your employer can be perceived as phishing. They are either outright not representing or misrepresenting the purpose of the conversation, and asking for information for purposes other than what you'd expect. It doesn't fit the exact definition in the dictionary, but it's close enough and uses the same sort of tactics that it can easily be considered another example of it.