If Apple themselves introduces a major issue and doesn't fix it but only offers a whole different version of OS where it is working instead that might be something that can be challenged. It's not the same as with XP and just because it hasn't been challenged so far doesn't mean that it couldn't be or that it would actually hold up if it was actually challenged (whether or not it actually happens). It's one thing as far as what they do and why they do it and that they have been doing it all along, it's another thing as to what is actually right or would actually hold up if challenged properly and fully (again, whether or not that actually happens).
Right I agree. Because in this country $250 gets you a lawsuit, filing one is easy. Winning one is another matter.