> 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.