“We think the Internet Archive really was serving a transformative purpose and doing what libraries have always done: Loaning out books that they owned to one person at a time,” EFF’s Cara Gagliano told KQED News.
https://www.kqed.org/news/12003819/internet-archives-open-library-faces-uncertain-future-after-court-sides-with-publishers
@eff this “Four major publishers sued the San Francisco-based Archive in 2020 when the website temporarily removed waitlists so more than one person at a time could borrow an e-book in its collection during the pandemic.”