Here's Apple's Reply Brief in Support of Apple, Inc.'s Motion to Dismiss or Enjoin Prosecution of the Recently-Filed Florida Action and to Re-Open Discovery for Limited Purposes [PDF], as text. About the first sale doctrine, Apple quotes from a case, Wall Data v. Los Angeles County Sheriff's Dept. , which states, "(T)he first sale doctrine rarely applies in the software world because software is rarely 'sold.'"
We also have a handy chart a volunteer did for us, showing the differences between the EULA for Leopard and the EULA for Snow Leopard, one of the issues Psystar raised being that the differences warrant a different litigation in Florida. As you will see, Apple points out that the parts that are the same are greater than the changes made.

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