Yes but Microsoft activation can make than damn hard if they want to.
No. IANAL and TINLA, but in the USA, software is licensed, not sold; and you are bound by the terms of the EULA, especially if the EULA terms restrict your further transfer of the software. See the Ninth Circuit appellate ruling on Vernor v. Autodesk.
Zoidberg probably would not hold up if challenged, because the opportunity to decline the license and return the software does not materially exist. But I realize that until someone tries it in court, it's just a theory.
I came here to post that I felt there must be some legal reason for the change. I don't remember MS being this responsive to press about their licensing.