> Hearing these pleas, the Internet Archive proposed temporarily lifting the technical controls enforcing its one-to-one ratio. Since all of the libraries were closed, the Internet Archive reasoned, there were surely more non-circulating copies locked up in shuttered libraries than would be borrowed via the Internet Archive even without those technical controls in place.

https://www.eff.org/files/2022/07/07/hachette_v._internet_ar...

I don't think this is the most solid argument, but I really hope that line of thinking is deemed sufficient for not loosing in this legal case.

According to the lawsuit: "The Open Libraries Form Agreement imposes no contractual requirement that the Partner Library remove the print book from circulation when the Internet Archive is lending out an ebook correlated with that print book"

How can they get do this? It sounds to me like IA is pulling an Uber and trying to change the laws by breaking them.