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By your reasoning, your reading this very post isn't legal, because the courts haven't PROVEN it to be legal. No one has challenged the legality of you reading it.

Fortunately, our legal system doesn't work that way. No law applies to what Apple is doing, nor have any laws been passed that prohibit it. That's what makes it legal.

I can't think of it at the moment but you are right. If there is no law saying it's illegal then by all means they can do it. If someone challenges it and it does turn out to be illegal, Apple will still be countable for their actions because it's prior to the law being legalized. The saying is you can't be punished for a "crime" that isn't illegal yet, but once it's deemed illegal, from that point on, if any company or person breaks that law then they can be punished. So in the end, what Apple is doing isn't illegal and if it's deemed illegal in the future, they'll just stop what they're doing.
 
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