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Miami and DC are where this issue will be decided, ultimately, if the upstart can hang on long enough.

Doubt it. The Software Licenses have been upheld too many times to be appealed... and now there is a STRONG precedent for the Miami case. Judge Alsup did not make his ruling restricting it only to OS X.5 Leopard. Every instance in the ruling is OS X... no point limitation or name restriction. Ergo, it is inclusive of OS X.6 Snow Leopard... which Psystar is contending is a separate product and deserving of an entirely new case in which they can open the identical anti-trust arguments that have already been adjudicated and tossed out as meritless.

What do you doubt? That the cases will ulimately be decided in Miami (where the antitrust case is proceeding) and DC (where the FTC and Congress are headquartered, together with the DC Circuit?). Why? There was never any doubt what the US District Court in SF would do in this case. It is not in a position to declare Apple's license unenforceable, it is simply the court that interprets the license. Legal issues like that are for the courts of appeal. The 9th Circuit is screwy, but they will go with Apple. It will probably not get reviewed by the Supremes. There isn't much in a license that is "sexy", although the DMCA part might get their attention.

The biggest danger to Apple right now is in the Miami courtroom. The FTC and Congress will probably not want to go after a bleeding heart liberal organization like Apple, no matter what they think. MS got hammered because, in the Clinton era, it was apolitical. They didn't give money to anyone. Clinton taught Bill Gates that he has to play the game, and now, bingo, Gates Foundation, giving billions to liberal causes. Attaboy Bill!

So, your beloved Apple is probably safe for now, but still has some issues that need to be resolved. Psystar was always likely to lose; they are making money off of Apple's software without its permission. They are not consumers, they are piggy-backers. I have no love for them, but I am glad that someone is looking into Apple's practices. Some of them deserve to get knocked down.

The Software Licenses have been upheld too many times to be appealed... and now there is a STRONG precedent for the Miami case.

Court are mixed. Vernor v. Autodesk smacked down Autodesk's attempt to kill first sale. UMG v. Augusto stopped another attempt to use licenses to kill first sale (although with music rather than software). Other courts, not so nice to the consumer. In general, the 7th and 8th circuit appeals courts are the worst for the consumer (licenses can be enforced for anything), and the 3rd and some districts are friendlier (software is sold, not licensed).