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I always do - though I think that notice is more to protect themselves in case it proves necessary rather than a statement of intent. So far I've lost access to precisely one book since 2004 and that was because of Overdrive.
Even so, I prefer a stated goal of keeping books available on the bookshelf as long as possible to one of removing access after a fixed time. It's the difference in intent that matters to me.
The whole Overdrive fiasco also shows that Fictionwise really does want to maintain customer access as long as possible, while Amazon's first foray into ebooks does not
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