There's also the fact that the prosecution could (and likely would) be laughed out of court for trying to prosecute someone for removing drm from their books. I think it would go something like this:
Prosecution: Your honor, my client seeks to prove that Mr. Smith has harmed his business by removing DRM from ebook files that he purchased.
Judge Judy: Did Mr. Smith sell or distribute these files after removing the DRM from them?
Prosecution: No your honor, he did it for his own use.
Judge Judy:... Get the flock out of my courtroom!
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