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Originally Posted by PKFFW
1: From a legal standpoint B&N are not doing anything illegal.
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Precisely
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As has been pointed out(and mostly ignored for some reason) the PD work itself remains free to distribute and free to obtain elsewhere if one so chooses.
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100% correct
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3: As for the DRM itself, is a lock a lock if it does not lock?
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No. The content is still available without DRM, therefore the DRM is not hindering anybody.
I think it also needs to be pointed out that this DRM is probably not the result of B&N deciding to lock public domain content. It is most likely just the way they do things with all their books and nobody there has the interest or the sense to make an exception to their processess for PD books.
Also, if the books do have additional content, such as notes or an introduction, then they are copyrightable additions and B&N has every right to use their DRM.
I think it's kind of stupid to use DRM on public domain works, but it's by no means infringing on the public's ability to access free versions.