I have to say, my first reaction upon reading the thread title, "Is Microsoft Liable", was an audible (yes, I talk to myself, when nobody else will listen), "Of course not!"

I really can't imagine any court ruling in your favor, jg42122. I think Martty summed it up pretty nicely. Without any breach of explicit or implied service, or malicious intent on their part, you haven't a leg to stand on, in my layman's opinion.

It reminds me of the old joke of a flea crawling up an elephant's leg, with rape on his mind.