I am currently an Insider in the Microsoft Slow Ring and I have the Cortana Beta app. I preordered the surface earbuds in an attempt to us the virtual assistant features on windows 10, however when I hold my finger to the surface earbud in order to call up the assistant, it does nothing. Voice activation is turned on and Cortana is set to voice commands. This is very upsetting and counter productive of what this device was designed to do, it seems like already from the get go they appear to have short comings and pitfalls to the earbuds and operating system.
Surface Pro 7, Build 19587.1000, Ver 2004, Windows Insider Slow Ring
Cortana (Beta), Current Latest Ver 2.2005.5739.0
Surface Audio App, Earbuds Ver 3.0.0.5
Update: I managed to get Cortana app to work with the earbuds touch and hold command, however, I cannot hear Cortana reply to my inputs, although it logs the commands and responses in the Cortana dialog interface. When I say "I cannot hear you" to the Cortana app, the response I receive states "I only speak when you speak out loud to me. If you did that, try saying "Adjust system volume" and see if everything looks right." For some reason I hear Cortana say the ending part through the earbuds about adjusting the system volume control through my earbuds, but not the first part. All other commands I cannot hear any responses.
I found the most effective way to fix my prior issue was a factory reset and repairing the earbuds,