OSX isn't an open O/S, obviously. You should actually read the news some.
http://www.linuxpipeline.com/showArticle.jhtml?articleId=180206198
That has nothing to do with the subject, and further diverts us from your statements.
Apple is a proprietary OS built on open source software. Go ahead, download the PPC or x86 version of Darwin, compile, run, use.