There is no legal trick, no dirty tactic. Yes, EULAs are horrible, blah, blah, blah, I agree with all of that. But that is totally beside the point.
The point is that the software is Apple's. Period. They can do whatever they want with it. If they want to sell it, they can. If they want to open-source it, they can. If they want to attach a EULA, they can. If they want to _refuse_ to sell it to you, they can. If they want to bundle it with hardware, they can. If they want to add DRM, they can. Get it? It's theirs. They can do whatever they want.
Now, what can you do? You can: (1) Play by Apple's rules and do whatever their license allows you to do or (2) Feel free to create your own OS. When you create it, it's yours, and you can do whatever you want with it -- sell, refuse to sell, add DRM, not add DRM, etc.
Apple can do whatever they want. You (and psystar, and everyone else) can't do jack besides whatever is allowed by Apple's license. It's that simple. Tough luck.