Originally posted by: Tom
Unless something's changed, Microsoft doesn't decide what is legal in the USA.
Last time I heard, the enforceability of a EULA is not set in stone, legally.
Whatever the EULA says, if Microsoft has a practice of not enforcing this aspect of it, and this thread is full of evidence they don't, they are going to have a hard time convincing a court it should be enforced.
And that is who decides what is legal in this country, not MS.