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Civil law is very different to Criminal Law. Publishers & Copyright owners would have to take Amazon to court and sue. Very expensive.
It's nothing to do with how Amazon advertises the books, the publishers get to to choose on a per book basis (including self publishers) if a book is DRM free or not.
KFX is nothing to do with presentation despite what Amazon say. Nor have publishers/uploaders any control over the conversion process other than choosing epub, mobi, docx etc as the upload format. Certain kinds of Amazon electronic books are not traditional ebooks (such as some textbooks) and don't work on eink based readers at all. They are converted differently and are more like PDFs.
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