apparently, if you register through the apple website, you can still get it for $28

http://forums.dealmac.com/read.html?f=1&i=1392874&t=1392874

It looks like some work and some don't. It doesn't recognize my Serial Number, so I'm out of luck. I love things like "some people outside of the rules get them."

Apple did the same thing when OS 8 was released. I bought OS 7.6 not two days before the release of 8 – and let me take a moment to acknowledge the helpful customer service of a store that had to know about the upgrade but hesitated to inform me – and I had to consider a $99 upgrade fee. Of course, Apple was willing to charge me considerably less with a proof-of-purchase and original receipt, which was oh so damn white of ’em. The irony in all of this was 8 damn near broke my machine. Go go Apple.