We can argue back and forth about this concept until the cows come home. But it still isnt going to change the fact that its still a grey area until someone decides to take it to court and draft up laws governing it... (mostly bad, sometimes good). 

"technically" software and technologies are proprietary and they are intellectual property. Since technically anyone never owned the software, you just leased/licensed/borrowed the use of it. 

So apple still owns it. So until they relinquish their rights to the software, (sell it off or release it as freeware) its still theirs whether its in use or not.