Gizmodo Terms of Service changes — 20120905_rev01

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With a new logo, a new operating system, and new phones on the way, Microsoft is definitely barrelling into the future. Presumably that's why it spruced up its [Services Agreement](http://) as well. The new version is remarkably readible, but [sneaks in a few new permissions that weren't there before](http://venturebeat.com/2012/08/31/microsoft-tos-changes-rights/).

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#### Get our top stories

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The new terms-which apply to Microsoft services like Skydrive, Hotmail, Bing, and others-go into effect on September 27th and are arranged in a very natural sort of question and answer format, with minimal legalese. Here, [see for yourself](http://windows.microsoft.com/en-US/windows-live/microsoft-services-agreement). But although this may seem like just a rewording, there are two important changes.

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#### follow gizmodo

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First, where Microsoft used to share data between services "solely to the extent necessary to provide the service," it's now freeing itself up to do that just to make services better. Or as the paranoid might read it, "whenever they damn well please." Second, they are jumping on the no-sue bandwagon, and forcing users to forfeit their right to sue by agreeing to the terms of service. A lot of companies, like Netflix and Sony, have been trying out this trick. It's uncertain whether it would actually stand in court, but so far it hasn't gotten to that point.

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## [It's Not a Crime to Break a Terms of Service Agreement (So It's Okay to Never Read Them)](http://gizmodo.com/5901339/its-not-a-crime-to-break-a-terms-of-service-agreement-so-keep-on-not-reading-them)

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We all blindly agree with those much too long Terms of Service Agreements without even reading them, right? So what happens if you like, do something unagreeable with the TOS? According to the 9th Circuit Federal Court of Appeals... nothing. They've ruled that it's not a crime to break a TOS.

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The ruling that breaking a user agreement was totally okay and not a crime was made in the case of US vs Nosal. In it the 9th Circuit said:

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> Basing criminal liability on violations of private computer use polices can transform whole categories of otherwise innocuous behavior into federal crimes simply because a computer is involved. Employees who call family members from their work phones will become criminals if they send an email instead. Employees can sneak in the sports section of the New York Times to read at work, but they'd better not visit ESPN.com. And sudoku enthusiasts should stick to the printed puzzles, because visiting www.dailysudoku.com from their work computers might give them more than enough time to hone their sudoku skills behind bars.

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The 9th Circuit also cites, [as the Awl notes](http://www.theawl.com/2012/04/the-ninth-circuit-lying-on-social-media-websites-is-common), how it's technically breaking an user agreement when a minor uses Google or when people share their Facebook passwords but the government won't bother prosecuting such minor violations. Awesome, now we really don't have to ever read a TOS Agreement ever again (but of course, you're still subject to liability under a civil suit). \[[US Courts](http://www.ca9.uscourts.gov/datastore/opinions/2012/04/10/10-10038.pdf) via [The Awl](http://www.theawl.com/2012/04/the-ninth-circuit-lying-on-social-media-websites-is-common) via [TNW](http://thenextweb.com/law/2012/04/11/good-news-breaking-that-tos-wont-land-you-in-jail/), Image Credit: [zimmytws](http://www.shutterstock.com/gallery-50527p1.html)/[Shutterstock](http://www.shutterstock.com/)\]

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If you use any of the affected services after the new terms go live, you'll be agreeing with them, so if you have any interest in knowing exactly what it is you're OKing, now's a good time to look. It might still be a bore, but it's never been an easier bore to understand. \[[Venture Beat](http://venturebeat.com/2012/08/31/microsoft-tos-changes-rights/)\]

+- [Profile](https://gizmodo.com/me)
+- [Logout]()
+With a new logo, a new operating system, and new phones on the way, Microsoft is definitely barrelling into the future. Presumably that's why it spruced up its [Services Agreement](http://) as well. The new version is remarkably readible, but [sneaks in a few new permissions that weren't there before](http://venturebeat.com/2012/08/31/microsoft-tos-changes-rights/).
+#### Get our top stories
+The new terms-which apply to Microsoft services like Skydrive, Hotmail, Bing, and others-go into effect on September 27th and are arranged in a very natural sort of question and answer format, with minimal legalese. Here, [see for yourself](http://windows.microsoft.com/en-US/windows-live/microsoft-services-agreement). But although this may seem like just a rewording, there are two important changes.
+#### follow gizmodo
+First, where Microsoft used to share data between services "solely to the extent necessary to provide the service," it's now freeing itself up to do that just to make services better. Or as the paranoid might read it, "whenever they damn well please." Second, they are jumping on the no-sue bandwagon, and forcing users to forfeit their right to sue by agreeing to the terms of service. A lot of companies, like Netflix and Sony, have been trying out this trick. It's uncertain whether it would actually stand in court, but so far it hasn't gotten to that point.
+## [It's Not a Crime to Break a Terms of Service Agreement (So It's Okay to Never Read Them)](http://gizmodo.com/5901339/its-not-a-crime-to-break-a-terms-of-service-agreement-so-keep-on-not-reading-them)
+We all blindly agree with those much too long Terms of Service Agreements without even reading them, right? So what happens if you like, do something unagreeable with the TOS? According to the 9th Circuit Federal Court of Appeals... nothing. They've ruled that it's not a crime to break a TOS.
+The ruling that breaking a user agreement was totally okay and not a crime was made in the case of US vs Nosal. In it the 9th Circuit said:
+> Basing criminal liability on violations of private computer use polices can transform whole categories of otherwise innocuous behavior into federal crimes simply because a computer is involved. Employees who call family members from their work phones will become criminals if they send an email instead. Employees can sneak in the sports section of the New York Times to read at work, but they'd better not visit ESPN.com. And sudoku enthusiasts should stick to the printed puzzles, because visiting www.dailysudoku.com from their work computers might give them more than enough time to hone their sudoku skills behind bars.
+The 9th Circuit also cites, [as the Awl notes](http://www.theawl.com/2012/04/the-ninth-circuit-lying-on-social-media-websites-is-common), how it's technically breaking an user agreement when a minor uses Google or when people share their Facebook passwords but the government won't bother prosecuting such minor violations. Awesome, now we really don't have to ever read a TOS Agreement ever again (but of course, you're still subject to liability under a civil suit). \[[US Courts](http://www.ca9.uscourts.gov/datastore/opinions/2012/04/10/10-10038.pdf) via [The Awl](http://www.theawl.com/2012/04/the-ninth-circuit-lying-on-social-media-websites-is-common) via [TNW](http://thenextweb.com/law/2012/04/11/good-news-breaking-that-tos-wont-land-you-in-jail/), Image Credit: [zimmytws](http://www.shutterstock.com/gallery-50527p1.html)/[Shutterstock](http://www.shutterstock.com/)\]
+If you use any of the affected services after the new terms go live, you'll be agreeing with them, so if you have any interest in knowing exactly what it is you're OKing, now's a good time to look. It might still be a bore, but it's never been an easier bore to understand. \[[Venture Beat](http://venturebeat.com/2012/08/31/microsoft-tos-changes-rights/)\]

Terms of Service

Full text changes — 20120417_rev01 to 20120905_rev01