I think you're splitting hairs. If someone is making an OS they claim is "Unix-like", then it isn't unreasonable for someone to expect that the code that compiles and runs on AIX, HP-UX, MacOS, Solaris, and OpenBSD will also compile and run on this new "Unix-like" OS with minimal changes. If they're not going for POSIX compliance, or even getting reasonably close thereto, they're going to have a hard time being "Unix-like" in practice, certifications be damned.