Re: @Charlie "unfixable on Server 2003."
Read the EULA, it absolves MS of any liability. It also states in weasel words that MS do not guarantee that their software will work in the way expected or indeed at all.
The EULA is only what MS thinks matters and this can always be contested in a court. For example, the clickthrough EULAs have been declared void in Germany. As, indeed, have labels on packaging informing people that by opening the package they agree to be bound by the licence agreement contained within.
IANAL but, based on other unlimited liability cases in the US, I reckon there's good grounds for a case.