> The publishers need to prove the Lending Library loaned more [copies] of each claimed work than what was locked away in physical libraries that were closed.
The Internet Archive suddenly gets the right to distribute books owned by a public library simply because the public library is closed? Who struck up that deal?
The publishers need only show that the Lending Library loaned more copies of each claimed work than what the Internet Archive owned and had the right to lend. That is sufficient to establish they engaged in uncontrolled digital lending, which is indistinguishable from piracy for all practical purposes.
The Internet Archive suddenly gets the right to distribute books owned by a public library simply because the public library is closed? Who struck up that deal?
The publishers need only show that the Lending Library loaned more copies of each claimed work than what the Internet Archive owned and had the right to lend. That is sufficient to establish they engaged in uncontrolled digital lending, which is indistinguishable from piracy for all practical purposes.