I'm surprised at the amount of misunderstanding around this issue.
Right now, Parallels Desktop and VMWare aren't intentionally "crippled" in any way to prevent Mac OS X from running on them (either on Apple hardware, or not). Both only emulate BIOS, as has been case for the history of both products (and Parallels' Windows and Linux products existed before Apple even announced the Intel transition). In order for Mac OS X to run within either of the products,
unmodified, which is the key, they'd have to implement full EFI support, and it's not the case that they've possibly done that and are just "not releasing it" because of Apple; it's a rather large engineering undertaking. VMWare hasn't done any work on this at all, so Diane Greene's statements are somewhat puzzling. Parallels, on the other hand, has been thinking about and working on integrating this into the product since day one.
The primary "legal" thing they want to enable is running Mac OS X/Mac OS X Server within a VM
on Apple hardware, because that's a market they want to hit. That would also not be against the EULA in any way, as the Mac OS X EULA does not prohibit virtualization, and only stipulates that it be used on Apple-labeled hardware. However, if a VM vendor were to integrate this functionality into the core of the Linux and Windows products, the side result would ostensibly be a VM product that could run OS X unmodified, without "hacking", on non-Apple hardware. The hardware and driver profiles for non-Apple hardware would be irrelevant, because it's the VM that's presenting all of that to the OS, just like running Windows or any other OS in a VM now.
Apple and VMWare have already been talking at the highest levels in the context of all of VMWare's virtualization products. Apple has made it clear that it is 100% fine with virtualization of Mac OS X and Mac OS X Server, as long as it's licensed properly and is on Apple hardware. This includes welcoming possible server virtualization products, like VMWare ESX Server, to the Apple platform (e.g., Xserve). (They still
do not want Mac OS X Server running on non-Apple hardware, anywhere, as much of a boon as some may think that to be.)
Also, statements that VMWare and/or Parallels are intentionally "crippled" are not accurate. Integrating even the most basic functionality (notably EFI) to properly support Mac OS X in a VM, even on Apple hardware, is a massive engineering undertaking.
So, everything above is the facts. Here's the analysis:
As long as no vendor advertised the capability to run Mac OS X on non-Apple hardware with any product, and didn't provide official support mechanisms, list it in product specifications, and so on, I can't see any valid legal complaint Apple could possibly have with a future product that might coincidentally enable Mac OS X to be easily run/installed unmodified on non-Apple hardware. I don't see VMWare doing this, because they've got a whole slew of established products that don't implement EFI, and even if they did, it would probably only be on their Apple products. However, Parallels is working on this for the core of its next products now - including server virtualization products. There is also a misconception that Apple uses TPM to tie Mac OS X to Apple hardware.
They do not. (It is actually done with
binary protection.)
So, ultimately, as long as a company doesn't present/market/support a VM solution as something that can run Mac OS X on non-Apple hardware, and it's really merely incidental (but the key is NOT advertising/supporting it as such), there isn't much Apple can do, as abiding by the EULA is the responsibility of the end user in their legal jurisdiction. People are running hacked versions of Mac OS X in VMWare's products on non-Apple hardware now. They're running afoul of Apple's licensing in the same way someone would be if they ran Mac OS X unmodified on non-Apple hardware. The key is
non-support of the product: as long as the vendor doesn't advertise, promote, or support Mac OS X compatibility on non-Apple hardware, this again keeps it marginalized in a way that it's only hobbyists and so on who will use it, as it is now. With the lack of official support from any vendor, and the danger that the next update from Apple may "break" something, Mac OS X on non-Apple hardware will always be relegated to the unsupported fringe, where Apple wants it.
If a vendor DID support and advertise a capability to run Mac OS X on non-Apple hardware, that would be a clear case of actively encouraging end users to violate another vendor's software licensing agreement. No matter what one thinks of software license agreements, or whether one thinks they're inherently invalid, etc., the fact of the matter is that Apple would indeed have a strong legal case in such an instance, and that's when you'd see Apple's legal teams getting involved. But as long as running Mac OS X on non-Apple hardware is merely incidental, not promoted or advertised, and unsupported, there isn't much Apple can do.
Some other notes:
It would not be "easy" for Apple to just open up Mac OS X to any hardware overnight. Technically, maybe. But that would be an unbridled support nightmare of unprecedented proportions, to say the least. However, the possibility of running Mac OS X in a virtualized environment does raise the interesting technical point that, regardless of anyone's particular position on this, a VM can present a consistent hardware profile to the OSes running within it, regardless of the physical hardware it's on. So running Mac OS X in a VM, as opposed to on real hardware, becomes interesting from a technical perspective for that reason. There are of course a range of arguments for Apple allowing (or not allowing) this in the server space with Mac OS X Server, as opposed to in the general purpose desktop space.
I want to make it clear that I am fully cognizant of the numerous valid reasons for Apple wanting to keep Mac OS X exclusively on Apple hardware. It's their product, and frankly, it's their right. When an entity invests billions of dollars and hundreds of thousands of manhours in a product, I do believe that legal frameworks (such as copyright and software licenses) can be reasonably used to stipulate the conditions under which it is used. I'm also aware of the numerous arguments, some of which are also valid, for Apple to start to go down the road of untying Mac OS X from Apple hardware only. Ultimately, it's Apple's decision.
Regards,
Dave Schroeder
University of Wisconsin - Madison
das@doit.wisc.edu
http://das.doit.wisc.edu/