Now come ML. Will not run on the 1,1 & 2,1. What is ONE of the reasons? 32-Bit EFI. Simply means the "64-Bit Workstation" is not a true 64-Bit Workstation.
If Ford was to manufacture a truck with 8 cylinders and sell it to you advertised as a "F150 8 Cylinder Truck" you would expect that the truck was manufactured as such and had 8 functioning cylinders. If it was found out later that it was really a "8 cylinder F150 with 6 functioning pistons" ... that it was really OPERATING as a 6 cylinder even though 8 cylinders exist... they just failed to disclose the hidden limitation inside... the fact that it would only fire on 6 cylinders due to the fact they only installed 6 pistons and plugged the two remaining cyliders.
If you think a jury will just say "oh well, Apple hid this material fact from the purchaser but the purchaser should have known better" is either a fanboy or has not ever stepped inside a court room to see how things really work.
Would this be the same Courts that allowed the TV industry to get away with the 720P HD Televisions then when HDTV services were launched said and the TV industry went sorry what you actually need is a 1080P screen which is Full HD. If you have a 720P screen you are out of luck. Before that lots of people were sold 720P screens as HD and would be ready for HD TV services.
I really hate the Car analogies. If an 8 cylinder engine has 2 faulty pistons then it has a physical fault with hardware failure, and you would get a replacement engine with 8 working cylinders.
You will be hard pushed to argue that the Mac Pro 2006 cannot run 64 bit code, and that 32bits/half of the system is faulty.
If you boot into Legacy Mode with the EFI then you can even boot a 64 bit kernel. This is what you are doing to get ML to install with Chameleon, although you can use to boot 10.6 and 10.7 as well. Go read over at netkas forums.
Apple DOES make mistakes and Class-Action suits do get filed, for example:
http://techcrunch.com/2011/11/10/cl...-apple-to-replace-frayed-magsafe-power-cords/
And think... this last one was just over a PART with a frayed connector.... can you imagine the can of worms over THEIR TOP OF THE LINE MACHINE (Read: Thousands $$$$$$$) which was a machine advertised as a 64-Bit Workstation that was in fact really a 32-Bit Workstation with some 64-Bit capabilities?
Again this is clearly a physical hardware failure issue, where the actual magsafe adapters not up to the physical job designed for. Is a simple case of arguing that reasonable usage causes the product to fail.
Fraying like that with exposed wires is dangerous, and Apple rightly were made to replace them for the users. I serious doubt anyone on the forum, unless a real idiot would argue that Apple were hard done by with that case.
Apple could either hand over money or rectify the situation. Strangely they chose the cheaper option.
IF you manage to persuade the court that machine is not a 64 bit Workstation then what are you going to argue that it is preventing you from doing
Upon launch then the Mac Pro 2006 supported 16Gb RAM only, later upped to 32Gb of RAM.
A 2008 Mac Pro with a 64bit EFI only supports 32Gb still.
My unibody 2008 mbpro has always had a 64 bit EFI and only supported 4Gb at launch and that after an EFI update 8Gb
Applications written with 64bit support will still be able to run in 64 bit mode on a 2006 Mac Pro and use more then 4Gb RAM even when running on a 32 bit
http://gizmodo.com/5343443/snow-leopard-currently-restricts-64+bit-booting-to-newer-macs
Taken from the above article from 2009.
Our Apple contact explained:
The 32-bit kernel fully supports 64-bit applications, all system libraries that 64-bit applications use are fully 64-bit, and 64-bit applications have a full 64-bit virtual address space of 16 exabytes available to them on Mac OS X. The primary benefit of a 64-bit kernel is to improve the efficiency of accessing over 32GB of RAM.
Prepare an argument how for a machine that at launch supports 16Gb and later upgraded to support 32Gb is restricting / limiting you with a 32 bit kernel.
Apple can show how a 64bit Kernel would not affect the machine you have.
A 2008 model only has 32Gb support and it has a 64bit EFI, so clearly the 64bit EFI is not adding benefit to a 2008.
I know you have said not going to pursue the ML support angle but there are 64bit EFI machines out there that Apple aren't supporting with ML so ML support couldn't be used as an argument for what you are losing out on.
Hopefully this stuff is useful for you and the lawyers as well.