Um, actually they can't "take you to court" for tethering. They, and you, agreed to binding arbitration for contract disputes. Also, if you break the agreement, they can cancel you and charge you an ETF, or they can add the tethering onto your plan, but again, they don't just "take you to court".
Also, the "unlimited" clause in the contract hasn't really been borne out or clarified - someone could sue AT&T for limiting their unlimited data, as advertised at the time, and win.
Also, the "fine print" of not being able to tether could be construed as an adhesion contract and declared invalid.
Believe it or not, "fine print" doesn't always protect the company. If it can be shown that they misled, or if the contract terms are proved to be unconscionable, then they will be invalidated. You actually can't just put ANYTHING you want into a contract's fine print and have it hold up under legal scrutiny.