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Edit: knc1 was faster - again. The following is another reply to tehender.
I guess this would be a question that deserves being asked when we hear about a case where Amazon would have sued after such a situation. I can perfectly understand they generally exclude it, not unethical to me up to that point (well, I have my own political opinions about how the Net should be free, but that's going too far to make a point in this discussion and this forum). And I have a hard time seeing that there's a discrimination at hand, i.e. something targeted at the people who may have legitimate needs to violate Amazons TOS.
A point could be made that 3G devices should provide mandatory emergency communication support. GSM did in fact standardize that and here in Germany (and I think on most GSM carriers worldwide) it's de facto implemented for each and every mobile phone. (However, they switched off the feature to connect without a SIM card here - but a Kindle _has_ a fixed SIM card installed.) On tablets/reading devices however, the image has changed. I guess the line has to be drawn at some point - applications for 3G devices are so broad it is hard to imagine to support emergency communications on each one of them.
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