Microsoft is getting desperate to steal your IP so they can train their AI.
Can someone sue the living shit out of them and start setting precedents please and thanks.
Can someone sue the living shit out of them
Nope. All in terms of agreement.
IANAL and could be wrong, but it is not the case that the T’s&C’s we all have to agree to aren’t necessarily legally binding, because people can’t be expected to read and understand them all.
With that in mind, it doesn’t matter what the user agrees to if they have no practical alternative available to them.
There’s actually no speculation on this one. There’s a fight going on led by Ross Scott of Accursed Farms against shutting down game servers when game requires always online access. Basically lawyers have checked the law in this instance and in USA terms and conditions are GOD. You accepted it and you live with it. Here’s the video. I recommend watching that section of video.
In civilized countries there is an understanding that noone is reading dozens of pages of terms of agreement, so any clause in there that is unexpected is automatically void. Expecting a software agreement to include rules not to distribute it further, break copy protection mechanisms etc. is normal so those terms are valid. But having all your data stolen is not something to be expected, hence invalid.
Try going with that argument to court and see what happens. In USA basically anything goes, whatever is written in there. No matter how weird or against the user. There’s a reason why EU’s pushing new and shorter terms than can be glanced and read easily.