It isn't.
Watch me purchase a copy of OS X Tiger from Apple. ...But it's no longer supported. In other words, Apple couldn't care less what happens to it. Their IP, sure. But the operating system, no.
Their software = their IP.
They're not excuses, they're facts! If I needed help with this computer of mine, Apple would be no help! And if the world followed their rules, you wouldn't be able to install Linux on it, because that would be modifying their property.
Running Linux on a Mac isn't modifying their property. There's no EULA supplied with your Mac that states you cannot run a different OS on your Mac. OS X however has an EULA that specifically states one cannot run it on non-Apple hardware, but that's a different case. Apple not supporting your Mac does not have any changes for IP law.
If I purchased a used copy of Tiger from an imaginary friend, it would still be unauthorized. Apple gets no money, Apple has no idea what happened. All the difference is, is that this time, my copy is boxed. What if this friend of mine gave me it for free, in a dark alley at night? It would go totally unknown.
Wrong again. The EULA for OS X specifically states that you may sell the software, if you make sure you retain no copy of it, and that you transfer all the materials related to it over to the one you're selling it to. Allow me the quote Apple themselves:
Apple said:
Transfer.
You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. Subject to the restrictions set forth below, you may, however, make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts (excluding Apple Boot ROM code and firmware), original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.
Age has great influence on that, copyrights and trademarks expire. Sure, not after a couple years. They're not even expired now. But time does have an effect.
A judge would really not accept this argument would it be used in a court case. Either there are copyrights, or there aren't. The time it takes for copyrights to expire is nearly a century, and I think Apple would still have avenues to extend it further should that time arrive.
No, they couldn't. They would sue Macintosh Garden, since they're the ones hosting it and providing the download. And even then, Macintosh Garden is based in Europe! Apple still wouldn't be able to do anything!
Yes, they could, as a matter of fact, they could do with both. That's like saying "I bought illegal drugs, but the dealer provided it so he is the only one accountable!". And do you
really think Apple doesn't have avenues to sue an individual in the EU? You do realize Apple is one of the biggest tech companies around right now, with offices and legal teams around the world, right? The EU has plenty of avenues for them to pursue a court case against the Macintosh Garden if Apple so pleases.
Again, I'm not saying you're a dirty criminal for downloading such software, nor that Apple would take the time and money to sue the MG or any of its users, but you can't hide the fact that it is illegal, because by law
it just is. No argument that you have given me could actually be used in court should such a case come to existance.