Why creating native x86 needs a licence, but emulation don't? If a cpu is running microcode, how far away it is from emulation?
Intel have clearly indicated in the past that they think licensing is a requirement for emulating x86[0].
I imagine that Apple are only emulating x86-64, since they dropped 32bit support in their last OS. I believe that x86-64 is owned by AMD, so I imagine Apple has a licensing deal with them.
[0] https://www.forbes.com/sites/tiriasresearch/2017/06/16/intel...
Bear in mind too that a lot of the x86 patents will have expired by now.
Also I not sure how important this is, but AMD / Intel contribute a lot into GCC under GPLv3 which have patents grant so they can't just go after someone who using their instruction set. This of course also apply for software under Apache license 2.0.