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Old 09-18-2012, 09:25 PM   #46
Elfwreck
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Quote:
Originally Posted by taustin View Post
That depends on the contract. And exatly how you breach it. When, as some people have suggested in this thread, you sign a contract with no intention of keeping it, that is, in fact, criminal fraud (at least technically, however difficult to prosecute) in most jurisdictions.
It's not criminal fraud (nor any other kind of fraud) if the contract terms are, themselves, illegal and unenforceable.

The insistence on selling "licenses" but calling them "sales of books" (amazon says "click here to buy this book!" in both print and kindle versions; it doesn't say "click here to buy or license the use of this book!"), and the phrasing that the license doesn't allow handing your kindle to your spouse to read your purchased books--combined with Amazon's casual permission of shared accounts--indicates that the TOU themselves may not be legally enforceable.

Amazon could put a line in its TOU that says "all Kindle owners agree to vote for Democrat party candidates in the next election," but that wouldn't make it fraudulent for Republicans to buy a Kindle, nor to vote as they wish after doing so.
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