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.