@ernie That's what they started out doing. And if they had kept doing that, they probably never would have been sued, or if they were, there's a good chance they would have won.
But then they started entering into agreements with libraries all over the country: let us integrate with your online card catalog, and then we can let people check out one digital copy of any book your currently have on your shelves. Qualitatively different, much more questionable in terms of copyright law.
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