how else can you explain psystar is STILL operating today?
Apple sued Psystar. Lawsuits take time.
So, if he did it as an individual and it's illegal, and Psystar is doing it as a business and it's illegal, how that's different?
Its not legal for an individual eiother - The difference is that Apple isn;t suing individuals since there is little to gain from it.
Business and individuals are by definition different entities. EULA's have been tested and upheld when business have been sued. The courts set higher expections for business on things like trademarks since they are supposed to know them.