no, thats still different, because Onyx is a special set of parameters and with Onyxtree you always get a tree which follows this set of parameters. Its not like a painter who has complete freedom to do what he wants.
Xfrog is also different, because you have a way more flexible approach. Probably not as much as when doing box or point-by-point modeling, but still more free comapred to Onyx.
Still I am not sure if Onyx would win at a european court, as what they do is a "grey area".