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by yjftsjthsd-h 1109 days ago
> The crime of stealing or otherwise illegally obtaining money by use of deception tactics.

> Any act of deception carried out for the purpose of unfair, undeserved and/or unlawful gain.

(https://en.wiktionary.org/wiki/fraud#Noun)

Is the cloud provider getting money off of this arrangement? => Yes, obviously they're getting paid here.

Is the cloud provider getting that money as a result of deception? => Yes, by selling ex. the use of 1 CPU core when they actually have no intention of letting you use that core. Now, I'll grant that in an actual legal case it might well be possible to get away with this by burying it in the ToS, but this is HN, not a court room, so I'm comfortable setting the bar at "would most actual users expect that to happen based on marketing?", conclude that no, most users would consider that surprising even if there's something buried in the ToS claiming that it's allowed, and call a spade a spade.