I don't see this as a DMCA issue. The section in the EULA has been around for much longer than the DMCA.
(The car analogy was poor and i didn't know about Tomtom. My bad.)
If Apple did not sell box copies of OSX, would this be an issue? Is that the answer?
This is not a good thing. Clones will and have hurt their business. They are a hardware company. They make software to sell hardware. It's a lost leader in a way.
With the appearance of clones, providing software for them at $129 does not make any business sense so, they either charge a lot more a la Microsoft, for a boxed copy or stop selling them all together, come up with a ridiculous key authoritative scheme a la Microsoft or sell OS X on some sort of proprietary SSD or move away from x86. Any of these things would be bad but necessary to protect themselves.
I don't consider any of these options terribly innovative nor do i see clones pushing apple to become more innovative. It would force Apple to drop prices, slimming margins, lowering stock prices, cutting back R&D budget == lower quality products.
This is not new BTW. Others have tried in the past and now they live in vans down by the river.
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