Assume Apple is being cautious and wants to abide by SOX to the letter. OK.
But how does that stop Apple from adding the driver into 10.4.9 or Leopard. Going this route the "new feature" would be in OS X, not the hardware. Heck, the 802.11n chip is already physically in Macs. Since Apple adds new features to software updates all the time (at no additional charge to owner), there shouldn't be an issue since Apple can charge the cost to OS X.
But how does that stop Apple from adding the driver into 10.4.9 or Leopard. Going this route the "new feature" would be in OS X, not the hardware. Heck, the 802.11n chip is already physically in Macs. Since Apple adds new features to software updates all the time (at no additional charge to owner), there shouldn't be an issue since Apple can charge the cost to OS X.