This buries the lede so deep it’s popping out the other side of the globe.
The entire core of this case is that (in abscence of more lenient agreements with publishers) traditional libraries are allowed to digitize physical books in their posession, as long as they do not lend out more copies than they physically own. The Internet Archive decided that they would lend out infinite copies, because “covid lol”.
Boston Public Library isn’t being sued because they don’t lend out more than they own! It has precisely zero to do with fucking optics.
Edit: Don’t get me wrong, I hope they win this case, but them continuing to play stupid helps nobody. Unfortunately, as discussed thoroughly online when they opened the covid19 emergency digital library, they fucked around. Now it seems they may have to find out.