Originally Posted by trboyden
... most of OS X based on Open Source BSD, including the kernel, Apple is not the copyright owner of the code, the BSD community is.
Well, the Mac OS X kernel is based upon Mach and not the general BSDs per se, and there's quite a bit of GNU in the user-land tools. But that trivial technical detail aside, you nail it with:
Apple is the copyright owner of the GUI and other proprietary, closed source parts of OS X.
Indeed they are. Anyone can take the Darwin kernel, and run much of what constitutes the Unix portions of OS X. But they can't legitimately run Windowserver onwards and have the OS X graphical experience on non-Apple hardware.
At most, what is in violation here is civil contract dispute between Apple and the person who has broken the terms of the Apple OS X EULA.
Well, the EULA is an extension of the rights you have to Apple's copyright materials (very little, by default.) They permit you to use their copyright materials on hardware that they have designed, manufactured, and sold to you, and, err, that's it.
Apple would need to show material harm from such a contractual violation and if the user has paid for the license, that will be difficult to claim on the part of Apple because they have profited from the sale of the license.
Such as the loss of sales from hardware, perhaps?
Basically, if you have the smarts to get OS X running on your own hardware, on your own. Great! Wonderful for you. You're probably not going to materially affect Apple's profits. (But don't come whinging that Apple owe you something if it later stops working.)
Start trying to do it for profit, as Psystar are attempting to do, and you should expect to be hit hard.