In this particular instance though, a the summary judgement ruling is pretty much going to be what the whole case is about. A trial would be to determine the facts of the case, like "Did archive.org distribute copies of books?", and there's really no question about that. A summary judgement asks the question "Assume we did what the plaintiff says we did, do we have a right to do that anyway?". And that's really the only question this case will answer.
A jury trial determines facts, but a bench trial can still occur.The difference between a bench trail is things like discovery, which can be enormously expensive.
