Quote:
Originally Posted by HarryT
No, but I thought that taking money from somebody without their agreement (which is what you'd be doing) already was one. Obviously I was mistaken.
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There is no taking of money from another without an agreement. The user is making use of a service in a way that is ARGUABLY not allowed by the EULA. If it is allowed (or not banned) under the EULA then perhaps B&N should have done a better job drafting their contracts. If it is banned under the EULA presumably they have recourse, like banning that device or its SIM card. If they don't allow it under the EULA but have no recourse if the user does misuse the product, perhaps they should have hired decent transactional attorneys to do their drafting.
Any way you look at it, it's entirely a contractual issue, not a criminal issue.