>it happened that no book was likely borrowed more times than the number of physical copies held by archive.org + the libraries they had partenere with.
This is not their argument. They previously had libraries offer copies of books, but during the time of crisis they decided to act quickly to repace the 650 million books now out-of-circulation. Only around a hundred libraries signed on on support.
I can understand the argument as for why the IA shouldn't have done this, but agree with the IA that in these unique circumstances it should be fair use. Either way, the lawsuit is about ending the entire CDL policy, not the short term change.
This is not their argument. They previously had libraries offer copies of books, but during the time of crisis they decided to act quickly to repace the 650 million books now out-of-circulation. Only around a hundred libraries signed on on support.
I can understand the argument as for why the IA shouldn't have done this, but agree with the IA that in these unique circumstances it should be fair use. Either way, the lawsuit is about ending the entire CDL policy, not the short term change.