@Tahoe
The mere presence of terms in an EULA does not necessarily make those terms enforceable. Ultimately, our court system decides on a case-by-case basis what is enforcable and what is not. Very few precedents have been set regarding EULAs. Regardless, it is usually not possible for software publishers to enforce terms which are designed to specifically limit or circumvent the rights of a consumer under copyright or other laws. For example, the right of an end-user to reverse engineer software, short of circumventing copy protection schemes, for the purposes of interoperibility is almost always upheld.
What constitutes "copy protection" is quite arguable, however. For example, Nintendo stopped the import of Gameboy Advance cartridge writers on the premise that the binary representation of the Nintendo logo was a technological measure--a password, in this case--designed to prevent copying and that allowing it to be written to a cartridge constituted circumvention of that measure, even for the purposes of booting perfectly legal software. US customs agreed and began blocking shipments. I don't believe this one ever made it to court.
The fact that Apple is not the market leader weighs heavily in their favor; however, as their market share increases, their control over their products will most likely decrease. Then again, with the "iPod" on the verge of gaining synecdoche status, e.g. Coke, Kleenex, and Xerox, Apple should tread lightly.
Trev
