1) your analogy is flawed as both of those are seperate retail items. A correct analogy is that Microsoft does not allow the reinstall of their OEM licences on new hardware, and then apply the retail Win7 Ultimate upgrade to it, without paying full price for heir OS. Microsoft, being a near monopoly, and subject to numerous cases of governmnet control, is doing the EXACT SAME THING you say Apple is doing ilelgally. Your bought the hardware, but only LICENSE the OS that came with it. Apple is simply saying you can not install an upgrade of their OS on non-apple hardware as the OEM license that came with the Mac is non-transferable. Since they CHOOSE not to sell the full license seperately, which is their legally protected choice and to which anticompetitive regulation does not apply, what Psystar did was in full violation of Apple's EULA and license terms, and doing so as a commercial entity for profit is blantantly against numerous federal stauates that have now been upheld, clearly indicating which side the law is on.
Apple is NOT telling you what you can and can't use the MACHINE for, they're telling you the OS is non-transferable. That's all. They have every legal right to protect that, and Psystar, by distributing their systems with "upgrade" copies of OS X is in full violation of copywrite by assisting a purchaser with overriding the EULA and providing tools or instructions that permit installing an upgrade ontop of a non-licensed machine laching a pre-existing EOM license.
Engines and components are not licensed, and are subject to first sale doctrine. The only conditions Porche can put on preventing the sale are simply to void the waranty on the machine. However, the opposite, taking a Honda, putting a remanufactured Porche Moter in it, decaling it up, and selling it AS a Porche, and telling buyters it's supported at least in some level by Porche, you bet your ass Porche would have the dealer in court. MANY shops have been accused, tried, and shut down for selling cars that "look like" others, being sold as counterfeit. That is what Psystar did.
Apple does not have the power to contro what you di with stuff they sell, only with what the DO NOT SELL, namely, the OEM license. This has been FULLY supproted by the courts numerous times in numerous businesses. There is "License" and "purchase", and both have been defended successfully at the supreme court level. You can in fact resel a "liceense" if it was a RETAIL license (recent ruling against AutoDesk for example) however, in that case they tried to prevent the resale when the license only indicated internally (and not on packaging) that is was non-transferable. Apple is clear in their OEM language, and in the outer packing for retail upgrades to that OEM license, that apple branded Mac computer is required.
I can't deny your claim that the folks at Psystar, and their previous legal defense, are complete fucking morons, but please don't lead folks to believe apple may have been behind that... That's just insane.
You're also right, we have not heard the end of this. the judge specifically indicated Rebel EFI should not be distributed, though he did not explicity order the destruction of that product. He gave Apple the easy ability to simply request that be reintroducted if abused, and requires no retrial for additional sanctions or orders in this case to be released. Apple simply need complain and provide evidence Psystar has marketed ANY technology, software, or even simple instructions that lead someone to bypass Apple's fully vetted and approved license terms, or to inatll any unlicenced or unapproved apple software on non-apple hardware. This is not over, but I think some folks from Psystar abe about to see a very quick contempt of court ruling, have Rebel EFI taken and destroyed, and likely will see additional SEVERE penaties (outlined in the ruling already as a warning), and will also likely see not only jail time, but finally will see their investors revealed, rebuked, and possibly themselves improsoned if they had anything to do with bypassing the judges orders.