There was a ruling in the past month that said it is perfectly legal to jail-break iPhones. This has some bearing in that iOS is modified in the process of jail-breaking despite the EULA saying you aren't allowed to modify it. A patched version of OS X will likely be viewed in the same way, considering it is available for sale on store shelves.
On the other hand, I don't think they will be allowed to sell OS X pre-installed. They may have to ship it separately and have the user install it using a custom utility.
Discussion on:
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