=X= , it is my understandng that ePub is an open format which can (and often does) contain a DRM layer on top of it.
But this may be techno semantics, depending on your perspective.
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EPUB (electronic publication) (also sometimes ePub, EPub, or epub) is a free and open e-book standard, by the International Digital Publishing Forum (IDPF)
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An EPUB file can optionally contain DRM as an additional layer, but it is not required by the specifications. In addition, the specification does not name any particular DRM system to use, so publishers can choose a DRM scheme to their liking. However, future versions of EPUB (specifically OCF) may specify a format for DRM.
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http://en.wikipedia.org/wiki/EPUB