IA does NOT own the books. IA is only referencing that they own some of the books to distract readers. The vast majority of books IA is “lending” come from the purported “endorsement” from 130 libraries. Yet there is no explanation if the endorsement means a general “Hey we love IA” or “a contractual relationship that allows IA to lend out copyrighted works licensed by the endorsing library”

Every book IA lent, they physically owned at least one copy of. Suspension of waitlists meant that they were lending more copies than they owned; copies physically held by partner libraries.

That was only during the Emergency event, when the libraries were closed, and which they already ended.

You make a reasonable point, so let's accept it for the sake of this discussion. Shouldn't the response then be to update copyright law, taking into account modern trends in technology and society? Surely the answer can't be to let one private organisation decide it's above the law and infringe with impunity.

Sometimes the path to legalization of something requires ongoing and widespread illegality before the question will even be considered.

That's not a strong argument, IMHO, since it would similarly condone any other law-breaking activity where the perpetrator disagrees with the law. It's not as if copyright wasn't controversial before or the IA's actions here have any realistic prospect of moving the needle.

If you're talking about civil disobedience, that's a different matter, but one of the key things about effective civil disobedience is that large numbers of people have to break the law and accept the penalty in order to overwhelm the system and thus show that the law does not have popular support.

You don't get to large numbers of people disregarding the law before first having a few.

I suspect you're glossing over the accept the penalty part of my previous comment, which is quite important.

Besides that, how many other Internet Archives do you think will follow the one we've been discussing by also flagrantly violating both the letter and the spirit of copyright law?

You'll own the things you create.