Quote:
Originally Posted by Nitrousoxide
What are the elements to "obtaining goods and services by deception?"
A quick look at the Theft Act of 1978 reveals these elements:
1) A deception by words or conduct as to a fact or law
2) The deception must be the reason the person obtained the goods or service (IE, the person wouldn't have gotten the stuff or services if the other party knew they were lying)
3) The defendant must have obtained the product or service
4) The product or service must not be gratuitus (IE, the victim must have provided the service or product expecting they would be paid for them)
5) The product or service must have been conveyed by some act and not conveyed merely by a failure to act.
Can you explain to me in particular why the second and fourth elements are met? |
That is exactly why it is not a criminal act or theft of services. Barnes and Noble through AT&T are providing the service for free. The only thing they can do is cancel your service for violating the TOS.