I'm afraid your missing the point. My point is that the n900 is so close to a computer that any user that uses the n900 like they do their computer can't be differentiated from a user that tethers their device. That is unless they have a dumb phone or an Android smartphone that doesn't have the capability that Maemo 5 and the n900 have.

I'm not saying anything regarding the TOS, or whether it's right or wrong.