You missed nothing...
"And what happens to Psystar when Apple stops selling full-install retail OS X boxes?
OS X already comes with every Mac, the only reason why you'd need a retail copy is to upgrade to a newer version. And Apple can simply sell upgrade-only discs for that and require your Mac serial number to upgrade."
And that is the easy way for Apple to end this, regardless of how the court case comes out. Apple put themselves in this pickle by selling full-install OS X packages at retail, and with NO external warning that they were "upgrade only." If they claim that now, they get in trouble for false advertising, so you may have noticed that they are not making that legal claim.
And of course they switched to Intel chips, and commodity PC parts. The second side of the pickle. So you have an operating system that runs on PC hardware, and is available off the shelf, protected only by the EULA. And only one line in the EULA at that.
AND there are two court cases, Digidyne vs Data General, and Vernor Vs Autodesk that could imply that that line in the EULA is invalid and unenforcable. So here we are.
"And what happens to Psystar when Apple stops selling full-install retail OS X boxes?
OS X already comes with every Mac, the only reason why you'd need a retail copy is to upgrade to a newer version. And Apple can simply sell upgrade-only discs for that and require your Mac serial number to upgrade."
And that is the easy way for Apple to end this, regardless of how the court case comes out. Apple put themselves in this pickle by selling full-install OS X packages at retail, and with NO external warning that they were "upgrade only." If they claim that now, they get in trouble for false advertising, so you may have noticed that they are not making that legal claim.
And of course they switched to Intel chips, and commodity PC parts. The second side of the pickle. So you have an operating system that runs on PC hardware, and is available off the shelf, protected only by the EULA. And only one line in the EULA at that.
AND there are two court cases, Digidyne vs Data General, and Vernor Vs Autodesk that could imply that that line in the EULA is invalid and unenforcable. So here we are.