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Is that legal?
Anything is legal when you force the customer to agree to it or not use your product. They can say whatever they want in the ToS because it’s 365 pages long and only attorneys can understand what is actually being said.
You can turn this feature off without any problems.
And based on their track record, they will just quietly turn it back on.
Microsoft is so far beyond the benefit of the doubt they couldn’t get back to it if they tried.
This is what tipped me over the edge to run Linux on the desktop full time. Bye bye, Microsoft!