It isn't a part of the OS, it is a program, so no, it is not something that Apple "should have" included since it is an extra program that comes with Superdrives. If you upgrade, it is already installed, if you did a clean install, then you just have to install from your system restore CD just like OS 9. It is easier than having two extra CDs to deal with when installing OS X, especially since there are more non Superdrive computers out there than there are Superdrive computers so it'd be a big waste of CDs to include with every Panther box.