This sort of just highlights how the legal process just doesn't have the ability to deal with either the time frames or the technical challenges of the newer industries.
Throw in the ability of things like software to escape easy definition and/or the need for new legislation in light of new paradigms and you basically are stuck.
Apple purposely delayed the release of Snow Leopard so that the discovery period had ended, they then realised they needed it open and applied for it to be reopened. The judge denied this because Apple brought it on themselves, so how are there time frame problems? Apple fucked itself through its own legal incompetence, done and done.
Yes because Apple chooses all the ship dates for their OS updates based on rinky-dink legal cases. Actually Snow Leopard original scheduled ship date was 3 weeks AFTER it actually went on sale so they didn't 'delay' anything.
But you're completely right Apple "fucked itself" by releasing their new operating system ahead of schedule.
Throw in the ability of things like software to escape easy definition and/or the need for new legislation in light of new paradigms and you basically are stuck.