Essentially though, I believe the doctrine of first sale should trump the EULA in this case.
I suspect the court will not agree with. Psystar has a perfectly reasonable, low-cost and not-intrusive remedy available. They can save their $199 and not buy the product. This will be the path the court takes, IMHO.
Wouldn’t the doctrine of first sale dictate that you run the computer from the installation disk rather than installing it on the hard drive, that in itself being a copy? Once on the hard drive then additional unauthorized copies would be made each time you back up the disk.