Well, hold on there a second...
If I were to get something that told me it was XML, I (per your statement) could legally assume it's text. I could then legally reverse engineer that text. That it's encrypted is hardly an issue...unless Microsoft specifically claims it's encrypted, so as to invoke whatever shell of DMCA it might to protect its monopoly. And they wouldn't do that (IMnsHO), because it would be "bad press". (I can see the headlines now in the Chicago Sun-Times: "Microsoft Admits Scrambling Your Data." "Your Letters to Mom Encoded so Only Microsoft Can Read Them." Might actually be fun....)
jb4
"About the use of language: it is impossible to sharpen a pencil with a blunt axe. It is equally vain to try to do it with ten blunt axes instead. "
-- Edsger W.Dijkstra (1930 - 2002)
(I wish more managers knew that...)