I wish I were convinced that courts work on the side of fairness. The principle you point out seems the obvious answer to this. The child had no actual right to make the charges, TOS be damned. But I can see Apple or the game maker arguing that "look we have no way of knowing who made the charges." That sounds bad, but how does an online merchant ever really know?
I would argue that the transaction is actually fraudulent, if intentionally so. Reverse the charges and let the aggrieved party go after the six year old.
I wish I were convinced that courts work on the side of fairness. The principle you point out seems the obvious answer to this. The child had no actual right to make the charges, TOS be damned. But I can see Apple or the game maker arguing that "look we have no way of knowing who made the charges." That sounds bad, but how does an online merchant ever really know?
I would argue that the transaction is actually fraudulent, if intentionally so. Reverse the charges and let the aggrieved party go after the six year old.
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