They are installing OS X in contravention of the license. They don't own the software and cannot decide how it is to be used, only the owner can do that. All they own is a license to use it in accordance with the terms of that license.
Since they are not modifying the Apple code, or even copying it, then what they are doing is fine.
They ARE modifying the Apple code and have admitted to doing so in the California case... and have even told Judge Alsup they'd be willing to accept a "nominal fine" for doing so. They have also agreed to accept an injunction against selling OS X Leopard... because, they say, they are now modifying and selling OS X Snow Leopard instead.
We're going to have to agree to disagree to this, as noted in my previous post, this stance seems to fly in the face of the doctrine of first sale.