I find you in violation of the TOS, your app must be pulled until you can show it complies.
Or if we apply the laws for Microsoft as they are applied to everyone else (such as Aaron Swartz):
"I I find you in violation of the ToS. Your company will be shut down for up to 30 years for violating the CFAA."
The average Joe isn't going to know the difference between
That's exactly right, and is exactly why people should not drive if they have been drinking at all. They feel fine, but are in no condition to gauge their ability to drive. A person's perception of his ability to drive is vastly different from his actual ability to drive at a point way below his ability to tell the difference.
If you're going to go out to dinner and have a glass of wine, you should bring a driver who is not going to be drinking at all. Otherwise, you should stay home. The rest of us would appreciate it.
Microsoft is being careful here to...license...its IP....
So what is Microsoft licensing, exactly? To the rest of the world, it looks like Microsoft is threatening to lock companies in a horribly expensive, frivolous set of patent lawsuits unless said companies pay Microsoft less than it costs to go to court in order to invalidate the trivially stupid patents that should never have issued to begin with.
Do you know something the rest of us don't? Because when Barns & Noble was going to take Microsoft to court, it really looked like Microsoft panicked.