Not format shifting for resale. A company cannot shift the format from one to the other and then sell that product for a profit without the express written permission of the copyright holder. Individuals are allowed to shift content to other formats without permission for their own personal use so long as they do not modify the content or transfer the original format while keeping the copy, or vice verse.
I actually haven't heard any cases to support that. I do know the iPod loading industry is pretty big, and hasn't been sued. That is a business built on format shifting. True, that's just the business doing what the consumer could have himself done, but then so is a hackintosh. All Psystar has to do to make it exactly equal is run two purchases through for each system: one for OS X and then one for the hardware and the service of loading the customer's copy of OS X onto it.
But format shifting doesn't really apply, since nobody's shifting format for OS X. First Sale is what applies. Apple loses control of the further sale and use of a copy of OS X once it's been sold.
You know I love Apple, and I also hate hackintoshes, but to me the principle of balanced copyright is much more important than one company.