I don't think Apple should go willy-nilly with licensing OSX to third parties, but I think if it were carefully controlled, they could nip this issue in the bud, while still making money and dramatically increasing market share.
Mac-Forums Blog ObjectApple Is the time right for Apple to start licensing OS X?
I think not. Because I think they make a big profit margin on their hardware. Computers, iphones, ipods etc all good sellers. And if they licensed OS X then heck any two bit joe could make a computer or phone and undercut Apple on price and just use OS X as the system.
Then all Apple would have for revenue making would be software sales and licensing fees to the others who want to use OS X. Hey that's just like MS. They lisence their software to others and have to have some silly number of versions of their system at all different crazy prices just to mek the profit they want to.
Plus it'd make the hackintosh scene much bigger cause of the cheap comuters. So in my opinion for the time being OS X's exclusivity to Apple branded computers is a good idea.
And yes it would be strictly controlled by Apple if it were to happen. But it'd set the precident. Where by others could more sucessfully challenge the why not OS X on my company's computers too. And I think the others might fight it more
And refering to the original topic here, I think Pystar's lawyers knew the case on court would be won by Apple before it started. So they put a half assed effort into it. Just enough to say "hey we are lawyers we will fight any case to the best of our ability" but also not spending too much effort on a lost cause.