The legal basis for not making unauthorized copies of software and reselling those copies is very, very well established in US copyright law.
The legal basis of other restrictions in a clickwrap license (for instance, authorizing use on only certain types of computers, a la Apple) is a LOT murkier.
Here are some unenforceable (usually) clickwrap restrictions:
* Anything that restricts resale or transfer of legally obtained copies (i.e., first sale doctrine)
* Anything that restricts cleanroom reverse-engineering
* Anything that explicitly disclaims a warranty when it is unlawful to do so (some states require you to provide certain warranties and you cannot clickwrap them away)
Here are things that are largely untested in most jurisdictions with respect to clickwrap licenses [not site license agreements, etc.]:
* Restrictions to only certain types of users (academic/upgrade)
* Restrictions to only certain types of computers (Apple)
It is a mistake to look at any group of people as having an opinion. They have many opinions, and those opinions are often inconsistent and in conflict. Different incidents will pull out different vocal minorities, and so you get opposing points of view being said. The group sounds inconsistent, but not necessarily any member of that group.
For an example where the group is truly inconsistent, suppose 1/3 like Los Angeles more than New York more than Chicago, 1/3 like New York more than Chicago more than Los Angeles and 1/3 like Chicago more than Los Angeles more than New York. Then by a 2/3 margin they think that that New York is better than Chicago, and Chicago is better than Los Angeles, and Los Angeles is better than New York! Those aggregate beliefs are clearly inconsistent, yet no individual in the group is at all confused about their preferences.
It is correct, however, to read the linked article and see someone who thought violating a license was fine so long as it was a closed-source Apple license, but had problems with it as soon as it appeared to be violation of an open-source license.
