Yknow, aside from the books they are literally destroying while scanning
Daily reminder that piracy is the only enduring archive mechanism.
Also, permitted or no, they are definitely torrenting. I would be deeply surprised if they hadn't already leeched every torrent on public trackers. The only reason they (probably) haven't depleted all the private trackers too is that they would be required to actually contribute back, which as above is never going to happen.
They were torrenting, they were sent to court and settled for big $$$$. The only other method available to them now is scanning, and scanning at scale requires the books destruction.
I agree that they should definitely be required to see the new scans but that would just be more $$$$ they get charged if caught.