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Right or wrong, it has always been the rightsholder's responsibility to ensure their rights are not being infringed upon. There are no copyright police available who are going to proactively protect their interests for them. Until that changes, all any ebook retailer has to do is prove they don't ignore officially filed takedown notices.
I'm not endorsing the current system, but it's not hard to imagine the slippery slope tilting quickly the other way if other's became saddled with the responsibility to proactively guard the copyright of others.
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