Most of us protect our intellectual property by filing an action in Federal Court alleging copyright infringment, proving the case, and obtaining damages - not through self-help relied on through terms of a non-negitiable EULA, without any requirement of proof, and placing the burden of proof of legality on the alleged infringer.

The issue is NOT whether MS can protect its IP.. of course they can -- and should. The question is whether they or anyone else are permitted to use ANY tools they want to do so, and whether they have FULLY disclosed in a meaningful fashion what they are doing.

There is an analogy to EULAs for spyware. I certainly can offer you some software (say, a P2P program) which has a EULA that says "by installing this software, you agree to install and never remove a key logger which will give me all your passwords, and the right to use them..." But such a EULA would likely be unenforceable.

Finally - I just dont buy MS's allegation that they will not collect or use personal information. I agree that they can protect their IP (intellectual property). So why CANT they collect my IP address, and go after me for infringement?

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