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Publisher is responsible. No arguments, no let-outs, no weasel words. Doesn't matter if the formatting error is garbled lines of metal type, quill-wielding scribe with a brainstorm, or garbled OCR output. It's the publisher's job to ensure the product is fit for purpose, whether the publisher is mega-PubCo or self-publishing Fred Smith.
I always inform the bookstore and the publisher when I encounter significant errors in commercial ebooks - probably doesn't do any good, but you never know...
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