It might be that a clause in an agreement between Bookeen and Mobipocket prohibiting Bookeen from putting another DRM-alternative on their devices would be illegal under EU competition law. Even if that is not the case it would be a position that Bookeen can take and hope that Mobipocket/Amazon will not dare to challenge because of public relations. A public dispute regarding this would raise publisher’s and customer’s awareness regarding the lock-in and monopoly in Amazon’s model. Going after Bookeen would therefore come at a high price for Amazon. Given Adobe’s interest in the case it might even be that they offer some kind of indemnification to Bookeen.
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