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Originally Posted by Musicman
Knowing that B&N sells DRM'd books that use your name and CC number to open, if you download a book that does not prompt you for this information at least once then there is no DRM on the book.
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B&N doesn't tell you they sell DRM'd books that use your CC number; they just tell you that you need their software. They don't clarify which books are DRM'd and which aren't; they don't say "if you didn't need to verify your account number, this is a non-DRM'd ebook."
I don't think they're committing outright fraud (although I think it's possible, and that'd be for lawyers to sort out), but they are refusing to offer information customers need to make informed decisions. And their refusal to take returns may bite them.
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I see your argument as the same as the McDonalds Hot Coffee claim - they never told me that hot coffee was hot!
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It wasn't, "they didn't say it was hot." It was both, "they didn't say it was hotter than boiling water, hot enough to cause 3rd degree burns--which is unreasonable in a food product--and they'd received multiple complaints before and ignored them."