2 questions:
1. Being that Mac OS X has a far larger audience with many more 'modern' apps available than Amiga OS 3.9, why is Genesi not offering to bundle Mac OS X with the Pegasus at the customer's request/cost as this would help them sell more systems?
2. Do you think Apple would care that Genesi was bundling Mac OS X with their hardware?
IMO:
As far as the debate over the EULA goes, I don't think Apple would ever go after 'John Doe users' that purchased MAC OS X legally and run it on hardware other than Apples hardware. But, If a company is selling Mac OS X with their hardware (ie. Pegasus) then I think they would go after that 'company'.
Selling Mac OS with a computer IS the same as selling a "Macintosh Clone" computer.
We already know how Apple feels about clones.