[bad_user]

You cannot compare OpenDarwin + X with OS X. Come on ... none of the polish and mostly none of the applications working on it. It would be completely useless and it wouldn't be OS X.

Your argument is like saying Windows is open because ReactOS exists [1] or that you could say a Linux distribution + Wine is Windows. It's not.

And comparing to Android, you can distribute / sell Android devices, even with your own modifications to Android and Android is also "copyrighted" btw.

That's what open-source has always been about - the right to fork. You cannot fork OS X. You cannot fork iOS. You can certainly fork Android.

     in violation of a EULA by breaking encryption,
     which is specifically prohibited by the DMCA

You mentioned 2 separate issues here btw - is it either violation of an EULA, or breaking encryption? And how are these issues separate from the freedom to distribute it or from the freedom to fork it?

[1] http://www.reactos.org/en/index.html

[jballanc]

Android is much more open than OS X. No argument there.

But Psystar was never interested in a "fork". They merely wanted to make a profit by selling Apple's software on commodity hardware. Doing so was both in violation of the EULA (which forbade redistribution), and in violation of the DMCA which prohibits breaking encryption for the purpose of making a copy of copyrighted material. The EULA clause has not been tested in court (to my knowledge), and may not be valid. However, the DMCA prohibition on breaking encryption is well established. There is even a list of what encryption you are specifically allowed to break: http://www.loc.gov/today/pr/2010/10-169.html