They say they're going to fix it:
Quote:
Kobo’s mandate of allowing people to read anytime, anywhere, on any platform remains unchanged. We are aware of the issue where a small percentage of books are not able to be backed up, and are working quickly to resolve it. We are currently working on other enhancements that will further embrace our open platform concept, which will give customers ever more options as it relates to reading and the backing up of ePub files.
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http://the-digital-reader.com/2014/0...ownload-issue/