Does any of you remember at the end of the 80's when IBM clones where coming up and pushing IBM straight out of the PC market they once ruled?
If remember the first PC clones were considered illegal too, but in the end, IBM lost the 'war'. OK, this was of course mostly because Billy G. had played his sleek part with his MS-DOS, but still, the big blue was considered invincible and surely wasn't.
That's a very poor comparison.
Of coarse it's not illegal for Apple and Psystar to make a clone Mac.
Back then the OS vendor and the Clone manufactures wanted to work together. Only IBM was upset, but the the Clones didn't need anything from IBM. The legal system only said that IBM had no grounds to stop them.
In this case one of the required parties (the OS vendor) does not want to participate. Are you suggesting that the courts would FORCE Apple to allow this?
even if the first batch of Psystars off the docks are legal I'd feel bad for the owners. Off the top of my head, their are a dozen ways for Apple to stop this, or at least make it painful for owners.
Label OS X as an Upgrade
Raise the price of OS X
OS X Upgrade only available with AppleCare
OS X only installable by Apple certified tech
Only sell OS X bundled with new hardware
Make OS X install disk only available from the Apple Store
Revoke Apple reseller status to stores selling OS X to Clone makers
OS Activation
Tie some OS functionality to required .MAC account (free with Serial Number)
Add Hardware checks to OS
Add Hardware checks to apps
Explicitly sabotage compatibility with future updates
Encrypt the boot loader and use the DMCA on OSX86 if they break it
OS install requires HW Serial Number
iLife install requires HW Serial Number
A lot of these are over the top and would suck for existing Hackintosh users as well as legitimate Apple owners. but one thing you can be sure of, Apple will not lie down and take it.
BTW - I'm NOT suggesting that this is what Apple should do, rather what I'd be afraid of happening. I'd love to have official supportable Clone Macs as an option, but you can't force the main party into such an arrangement.