There are some books in torrent files that could be considered legal though. I mean the Baen free library books for example. And at least some classic books are also in torrent files (usually as text files I'm sure). Some others are in a grey area I think. I mean take Treasure Island for example. It's available through sites like Gutenberg and I bet some publishers could have it on their sites for sale as well. So it might be both free and not free depending on where you look. At least some classic books are I imagine. So is it piracy if a book is available for free at some place like Gutenberg but being sold elsewhere? And of course if people want a particular book and a 'legal' ebook version isn't available they sometimes will download a copy even though it's not a legal copy because it's convenient. Not to say that it's right but if a book is either out of print or hard to find in pbook form and no legal ebook form is out there people will download it as a torrent so they can have access.
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