> 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.

The fourth part of the fair use test rests on whether the use of the work impacts the commercial market for the work.

Given these works are often:

- Not offered in their original form

- Would likely have little residual commercial value if so offered

- And, the article states, are only accessed by one researcher per month

Indicates that the research, educational, and cultural value from this use likely far outweighs the impact to the commercial use of these works.