> My guess is that they are arguing fair use, but I just don't see how that applies here when they make copyrighted works available, for free, over the Internet.

I worry that they're going to end up, as with Lessig, ending up in a case that creates terrible fucking case law that screws up copyright law even more than it already is. Like, if they win, it will be by making it impossible to enforce copyright for anyone who can't show substantial profit, zeroing copyright for anyone who isn't Oracle or Sony. Or they'll do such a shit job of defining what an archive or public interest or lending library looks like that they'll destroy the legal protections that libraries and archivists currently enjoy.