I know "the Apple software" refers to Snow Leopard, it did come from the SL EULA. The terms of that section can be summarized as such: You can run ONE copy of Snow Leopard on ONE Apple-branded machine. Since the EULA makes no mention of virtualization, the following section from clause 1 of the EULA applies where virtualization is concerned...
You've put much time thinking about this than most people and while the effort seems laudible; your efforts only continue to needlessly deter those who have no access to Snow Leopard Server, but yet need to run their PowerPC applications on a Mac sold after July, 2011.
Your points can be summarized and responded to as follows:
1. You quote again the bolded language from Section 1 and you acknowledge that "Apple Software" refers only to Snow Leopard and summarize this provision as "You can run ONE copy of Snow Leopard on ONE Apple-branded machine."
In virtualizing Snow Leopard on a Mac running Lion, Mt. Lion or Mavericks you are doing EXACTLY that: running ONE copy of Snow Leopard on ONE Apple-branded machine. End of discussion on that point - as nothing the user is doing violates that provision.
2. You then cite that the license makes no mention of virtualization. Why does it have to? There are multitudes of activities that an end user does with Snow Leopard on their Mac that are also not mentioned in the license.
These activities are not prohibited by their silence, nor should they be! Imagine the confusion and distruption to the marketplace if that were the standard!
3. You then cite the "reserve all rights" provision that is contained in most if not all important licenses. These provisions are common "catch-all" provisions utilized to protect the licensor in situations that do not encompass such trivial activities about whether or not a copy of Snow Leopard is run natively, on an internal drive mechanism that spins at 5400 RPM, on a SSD, on a flashdrive, in RAM, on a separate partition that is created on these hardware devices, on a separate partition that is created within software (virtualization), etc.
Virtualization is not a "right" in any sense of the word that is encompassed by these typical "reserve all rights" clauses. If the end user has the "right" to place more than one flavor of OS X on one Mac (such as by using Disk Utility to partition their hard drive), they certainly have the right to place more than one flavor of OS X on one Mac by using a "software partition" such as virtualization.
4. You then seem to draw some importance from licenses from subsequent versions of OS X that do explicitly mention virtualization.
There is just no way in heaven that a party to a contract can be held to language that is contained in other contracts not entered into by that party. The consequences of such a principle are just too terrifying to accept!
Consider the disruption to the flow of business in the marketplace by: "Given that subsequent EULAs (Lion, ML, Mavericks) all expressly allow for virtualization and not even the 2013 updated Snow Leopard EULA mentions it, it's safe to say that it's not allowed under the EULA!"
How could companies spend millions of dollars on Macintosh's to do activities for their businesses that might be prohibited in EULA's of future versions of OS X!?! The argument just does not hold water...
The explanation for this change in language, which again is not needed for an analysis of the Snow Leopard license, is simply that once confusion on this issue became apparent, Apple chose to clarify the issue in future licenses.
Apple's concern in the area of virtualization is its use to run their operating systems on hardware that they do not sell; i.e. a Hackintosh! By expressly allowing virtualization of Lion "on a Mac" they clarify an issue that has significant effect on its business model.
In all of my discussions, I have always said that the Snow Leopard EULA allows for virtualization of Snow Leopard
on a Mac running Lion, Mt. Lion or Mavericks!
5. Discussions about the ramifications of what sanctions Apple can take for violations of their license ("shut down your machine" etc.) are perhaps comforting to an end user who has misgivings about the clarity of the legal situation. But it has no weight in a discussion about whether or not virtualization is prohibited in the Snow Leopard EULA.
My use of the phrase: "Once again, no one has shown me any written statement from Apple that prohibits or otherwise restricts the virtualization of Snow Leopard in Lion, Mt. Lion or Mavericks on a Mac" goes not to the EULA itself.
Over three years have passed since the elimination of Rosetta in Lion has caused the turmoil to users of PowerPC applications. Virtualization of Snow Leopard became a clear path for end users to successfully run their PowerPC apps on a new Lion Mac (that will not boot Snow Leopard).
Apple has had every opportunity to declare its "intentions" on a support document, publicity release or otherwise. They have been silent on this issue. I have stated earlier why their silence had financial rewards for them.
Lastly, Apple own Support Forum's Terms of Use expllcitly prohibit the discussion of activities that violate their licenses. This forum is heavily moderated by Apple to remove offending information and in extreme or cumulative cases to suspend a poster's membership for such violations of their ToU.
I have been posting this information about virtualization of Snow Leopard client in Parallels for use on a Mac running Lion (and since then Mt. Lion and Mavericks) for almost three years now on Apple's Support Forum. If Apple agreed with your interpretation of the Snow Leopard EULA,
it would have removed these posts long ago.
As I have said previously, this whole debate has been largely rendered moot by Apple's reduction of the price of Snow Leopard Server by 95%. It is clear to me that they made this drastic reduction in price to provide the marketplace an affordable and easy path to continue to run their PowerPC apps in virtualization. There has been no alternative reason to provide end users with Server software compatible with Macs that have no longer been sold since July 20, 2011.
To those end users who prefer to use Snow Leopard client as the underlying basis for virtualization, the instructions on how to do it still exist here, and even on the Apple Support Forum!
Actually, I rarely provide technical support anymore to those who chose to go down this path and have problems. I simply point them to Snow Leopard Server and in some cases assist them in obtaining it...
