For all those who care.
Some-Guy is right in saying that doing so violates software patents. For what it’s worth, I really don’t think apple cares if you modify your own local binary because they really don’t have a way to find out and it would be a waste of time / thrown out of court. And because you’re not modifying their code, you’re not breaking any EULA’s either.
Yes, software patents do suck, and I know that before the compiz guys knew this patent existed, by-default you could change the max_waves parameter to 0.
The reason why it is 3 by-default is because distributions distribute C-F, sometimes even commercially and that is where they could get into trouble with Apple.