I think one thing that could muddy the waters even more is that some books are available at both Amazon and Smashwords. I don't know if the Amazon copy of such a book has DRM but the Smashwords copy won't as they are DRM free so how could Amazon tell if a given copy was from Amazon (with any DRM removed) or Smashwords? I don't know if they could or not. Another headache for Amazon perhaps.
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