Nope, MS came down on them:
http://msnbc-cnet.com.com/2100-1040-960594...d&subj=cnetnews
(There are more upto date articles, but I can't be bothered to find them).
The Edge forum had a intereseting thread about this a couple of days ago:
http://forum.edge-online.com/viewtopic.php?t=22344