Let me get this straight.....
You can buy OS X Snow Leopard and they will ship you the CDs....that is OK with Apple.
You an buy a Psystar computer and that is OK with Apple.
But selling a Psystar computer with OS X Snow Leopard is not allowed by Apple?!
Interesting.
The fact that you have the ability to type is amazing.
By definition, Snow Leopard is an Operating System UPGRADE. The End User License Agreement does not permit its installation on anything except an Apple-branded computer.
Psystar is essentially selling COPIES of OSX Leopard and now wants to sell COPIES of OSX Snow Leopard. That those COPIES exist on the hard drive of a Psystar computer is irrelevant. That is merely the media on which it is being sold. It is also irrelevant that Psystar sells an unopened boxed OSX UPGRADE disk with their computers. The EULA for that boxed, unopened OSX UPGRADE disk clearly states, in multiple languages, that it is intended to be installed only on an Apple labeled computer. In addition, they have inadvertently admitted in recent court documents that they are doing multiple installations to their computers from a modified copy of OSX Leopard which exists on a hard drive at their plant, also violating both the EULA and the copyright.
Consider it this way. If the software was a movie produced with much effort and expense by Apple and marketed by Apple on a Blu-Ray disk that is included with an Apple brand Blu-Ray player. Apple chooses not sell or market this movie in other formats for reasons that are reasonable to them, perhaps because they do not wish to degrade the High Def viewing experience, or perhaps some aspect of that movie can only be properly appreciated in High-Def on their brand player. Psystar comes along and buys the Blu-Ray disk and copies it to a DVD and sells the DVD to people without Apple's permission with a Psystar DVD Player. Psy-star, included a Blu-Ray copy with each DVD player they sell, claiming that makes their copy legal and permissible because END users could, if they wanted to, make their own DVD copy of the Blu-Ray disk. That scenario is already settled law... it is not legal.
As to their current argument, Psystar will be slapped down pretty quickly as this is res judicata, an already decided issue, as it is exactly the same argument they first raised in counter-suing Apple in Federal court in California, only to have the judge throw out their entire case as unwarranted under the law. They are now venue shopping to see if another judge will ignore precedent and the rule of res judicata, to get a different decision. They seem to think that because the first case was about OSX.5, they can now make the exact same discredited case against OSX.6 as though that makes any difference to the concepts in law. Once something has been decided in a court of equal jurisdiction, you can only appeal that decision to a higher court, not re-open the same issue/argument in another court at the same level. Neither judge will appreciate what Psystar is doing. They may sanction Psystar and its counsel for barratry (vexatious litigation or incentment to it).