DAMN!
I was just about to point out that you have LEGAL recourse against Fictionwise(and maybe its parent, B&N), because the licensing agreement existing at the time of youir purchase is that one that governs and they would be under a legal obligation to provide copies of the books or refund you your money.
YOu would have CRUCIFIED them in court( or more realistically, got them to refund you your money)

.
Anyway, glad you made the decision. Something to consider if you decide you want to go legal on them.