There’s really no credible argument that their distribution of books even might be legal.
Their only defense is fair use, and there’s no precedent for a “fair use” defense justifying copying a work wholesale for mass distribution. (Yes, “one copy at a time” to multiple people is mass distribution.) Copying a whole work has effectively only qualified as fair use when that copy is not re-distributed, and is actually for a personal backup.
Their distribution of books is completely legal.
Corporations just have more money to warp the laws in their favour.
That’s why the Archive is appealing: they still believe they are right.
There’s really no credible argument that their distribution of books even might be legal.
Their only defense is fair use, and there’s no precedent for a “fair use” defense justifying copying a work wholesale for mass distribution. (Yes, “one copy at a time” to multiple people is mass distribution.) Copying a whole work has effectively only qualified as fair use when that copy is not re-distributed, and is actually for a personal backup.