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It's an issue in Europe, because we (unlike the US) have what's called "typographical copyright" which protects the layout of a work, even if the work itself is in the public domain. Typographical copyright has a fixed term of 25 years from the date of publication. This really can protect things as simple as a TOC.
I know there have been court cases for violation of typographical copyright, but I don't know if there have been any relating to eBooks.
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