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As earlier posters noted, the decision to "Kindlize" (kindleize?) is up to the copyright holder.  That may be the original publisher or the author, or, if the book is no longer under copyright, then technically, anyone with the skills to make it happen.  That said, Amazon has begun restricting the publishing of public domain materials to only those with substantially different content than existing versions (i.e., new illustrations or notes or whatever).

--Maria
 
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