>No, they are likely exempt.
No, they *are* exempt as per the plain wording of the law. Go read it where it says "exceptions". It's astonishingly plain.
>easy for me to blame Microsoft
Microsoft has more lawyers than God (but possibly not IBM). They were able to use the internet back when the NSF's AUP was "No commercial activity at all" - to the extent that posting a "classified ad" to get rid of a file cabinet taking up space in your office would get your account suspended. Microsoft has competent individuals that can read. They have competent people who know what the difference is between a CERT-like security bulletin is, and an email that is selling something.
To say that Microsoft is incapable of figuring out what is commercial activity and what isn't is a worse criticism of Microsoft than me saying that Microsoft is throwing a temper tantrum.
Because you're calling them idiots.
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BMO