Their principal argument against Apple is that since a machine is sold before a EULA can even be agreed to, there can be no restrictions placed upon that EULA. They assert that Apple's EULA is invalid in Germany because of this, and thus they have no fear of going to court to defend themselves if necessary. They are currently selling to multiple countries in the EU, but not to the US or Canada.
Could the days of Apple being the exclusive Mac dealer be over? If more computer manufacturers overseas take this approach, and if Psystar actually makes progress in the US, that could certainly be the case.