I recall unity being correct about earlier systems being up there; but maybe I'm misremembering.  I suspect Apple (probably expressly in the license itself) can modify the terms of the agreement unilaterally.  However, I see no reason to suspect they've done that.  I suspect 'what's on their ftp' was just an easy standard to gauge Apple's disposition toward potential litigation - and also toward that potential modification (of the concerned licenses).  That works both ways; as Paralel basically notes, anything posted on their ftp server they've presumably released publicly - though that may or may not affect the license (I don't have time to find and read all these licenses now, and I don't think there's any litigation directly concerning them).  I think CelGen said Apple had been sending out various cease and desist orders to other hosts.  But most or all of the Older Software List files are still on Apple's servers.  They've just removed the index page.

Sorry; this stuff really does fascinate me for a variety of reasons.

John that corporate policy is related to licensing - because the machine would entitle you to a license; and then giving out the software establishes that the license entitles you to use of the software.  (Or did back in the day But that policy I suspect doesn't exist (anymore).  I emailed them a few months ago asking how one would legally acquire System 7.6.  I don't expect a response.  Because my understanding is buying a used copy doesn't entitle one, at least automatically, to a license - and thus buying a used copy and using it on a legit Mac might still be theoretically tortious.