Microsoft released a minor update to Photosynth site that included a change to Terms of Use, with following added sentence to section 6: “Microsoft may use and display your materials posted on public areas of the service in Windows Live, Bing, MSN, or in any future online services.” Important note: This only affects your public synths. People will never find your unlisted synths on the Photosynth site, or on any other Microsoft site.  So, if you are not comfortable having your synths used in this way, you can always make them unlisted.