It's an unenforced provision of the license agreement. No attorneys are recommending it but it's happening. I wouldn't start your own CI firm with it though.
Unlike Microsoft, Apple has no motives to send the BSA after anyone. Pretty sure they've only used them for egregious copyright violations like the commercial Hackintoshes.
Probably the majority of macOS CI/CD use cases are materially beneficial to apple.
Most people just want to automate building software for macOS/iOS.
Making it easy to produce software for their products, just strengthens their ecosystem.
