How are ebooks not “software”, in the sense that they’re bits that instruct a computer to display particular information, when interpreted by something that understands them? If ePub or the Kindle format were defined in hardware-the same way that certain video or audio codecs are-no one could realistically argue that they’re not software, since after all the CPU literally knows how to process them.

And-also-yes, the copyright scam is pretty much over. The marginal cost of another copy is zero, “for a limited time” means “forever minus a day”, and our culture is being stolen from us via inability to preserve it, use it later if we did acquire it “legitimately” but someone no longer feels like running their “permission to have that” servers later, and by being dynamically retconned such that “bad things” are dynamically edited out and, if you remember that they existed, you’re wrong (and getting gaslit over it).

It was basically a “social contract” that, while not everyone agreed with, they mostly admitted “existed”. Not so much now.