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It certainly is illegal, copyright infringement I believe it falls under. Ethical? Well it really comes down to your way of thought. Does a book being out of print make it ok to acquire it through other means? Part of me feels that if something is not made available to you then it is NOT ok to 'steal' it just to satisfy your own needs, then the other part of me feels that if it is not available due to out of print (and not reasons such as out of stock) then there is no loss for anyone by you acquiring it through the darknet.
I guess I'm more inclined with the second aspect of my argument. If no one loses and no one is hurt by your actions, and only you gain from it, then ethically it is ok.
Now using the darknet to acquire books that are in print but not released as ebooks is wrong. You use the darknet for that and the author loses out on a sale, so that is wrong.
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