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I want to put the legal questions aside und try to approach it from a different angle: Kobo should not list such books for pay, at least not without stating it is in the public domain and available for free. Ultimately such scam damages the reputation of a platform. It should be in kobos interest to prevent its customers from such things. Customers will prefer places to buy, if they feel safe there. If I have to watch out for scam and fine printed legals, I will shop somewhere else.
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