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I'm not American, I'm European, so you're really putting the ass in assume there. And frankly the moralising so many Europeans are so quick to engage in is an embarrassment.

This really isn't complicated. If your carrier contract doesn't forbid tethering but they sold you a phone that does, take it up with them, that sounds messed up and rare. If your contract forbids tethering then you're just trying to weasel your way out of a market you voluntarily entered in to. That's the opposite of the free market.