Interesting Change In Microsoft Game Content Usage

UPDATE:

Apparently a bug meant that this was posted twice. Second post deleted.

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As noted by Xbox.com, MS has changed some of the content usage rules for the games they produce for the Xbox consoles so that machinima makers can use some of the resources. Still fairly restrictive, but as far as I know, this is the first time any crack in the dreaded EULA has ever appeareed. Some quotes:

We know that people like you love our games and sometimes want to use things like gameplay footage, screenshots, music, and other elements of our games (“Game Content”) to make things like machinima, videos, and and other cool things (your “Item” or “Items”). We’d like to make that easier for you. So long as you can respect these rules, you can use our Game Content to make your Items.

...these Rules only cover games published by Microsoft Game Studios and where Microsoft owns the copyright.

You can’t use Game Content to create pornographic or obscene Items, or anything that contains vulgar, racist, hateful, or otherwise objectionable content.

You can’t sell or otherwise earn anything from your Items. We will let you have advertising on the page with the Item on it, but that’s it.

The list of games is short, but does include the Halo franchise. You can't use the music, can't 'add' to the game universe, reverse engineer the game, produce objectionable content, or make any money or even enter a contest. But for some reason you can have advertising on a site with this content. Interesting. I would like to know what a lawyer would have to say about this.