The question wasn't about how to workaround the enforcement of licensing limitation. This was a technical question about the kernel, incidentally released as open source on the Apple web site. Sorry to put it this bluntly, but you just gave a pointless and completely off-topic answer. I'm quite sure that Windows 98, 2000, ME and XP pre SP1a are officially not allowed to be installed due to their bundling of Microsoft Java, but I don't see VMWare stoping anyone from installing them.
Let me rephrase the question:
Does anyone have a clue why the Darwin 8.11.1 kernel boots in VMWare on Core 2 and 1st generation Core i7 processors in VMWare and crashes on 3rd Generation Core i7 CPUs?