Sidekick class-action lawsuits filed

When a blunder like the recent Sidekick data loss (and recovery) happens, you can be sure that a lawsuit will follow. Two lawsuits have been filed so far, and we will have to see if they will still have any meaning now that Microsoft has managed to restore most of the data that was once thought to be lost forever. But we wonder: even if Microsoft had failed to do so, doesn’t the Sidekick terms of use protect T-Mobile and Microsoft from being badly hurt by a massive data loss?