I live in the US and have a Kindle 2. I have several books loaded on it that are not currently available from any retail source (and the very day the author changes her mind about making her work available in ebook format, I'll buy them, but enough about that). These aren't DRM stripped, they're OCR scans eidted and reformatted for ebook use.
Whether or not they are visible to Amazon via Whispernet I have no idea, but I have never heard a peep from them regarding the books, or any other content loaded on my Kindle.
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