I don't care about a Microsoft account as long as they don't force me to log in, remember some kind of password,or use some Microsoft email. If they locked me out of my machine or transmitted data to their servers violating the GDPR, then that would be a problem. Windows 11 is a paid product, it's quite expensive, and that alone means Microsoft is fully liable for damages from negligence and failure.
There should be some kind of requirement to prominently state that a purchase does not imply ownership of any kind, right on the "box." The entire thing is quite deceptive. I am not singling out Microsoft here. Apple's AppStore and other digital purchasing methods are the same.
In my opinion anything like this is just failing to address the real problem, which can only be addressed by legislation. Having someone put a label that says "this is poison" on it does not improve the consumer situation when your choices are between different flavors of poison.
These ToS are fairly meaningless outside the US. Clauses that limit legal liability make a contract void in many (if not all) EU countries. That's especially the case for any kind of wavers of customer rights since these are plain illegal.
Not in the US, though, so you're right insofar as the US is concerned.
