Recently they changed retailers, because previous one was selling clones advertised as Apple Clones with OSX installed, which of course would be illegal from software EULA point of view...
Illegal is a strong word. EULAs have by no means been fully tested in court, nor can they override certain statutory rights. I don't know which side the Psystar case will come down on, for instance, but breaching a licensing agreement is not an automatic failure even when it does get to the courts.