But I think the law is pretty clear, and a precedent calling their use case fair use would be mind blowing. You need new, much more common sense IP legislation that redefines consumer rights in a digital world.
Indeed. I'm a big supporter of IA's mission, and I'm a big supporter of piracy (copyright has gone insane over the years), but this outcome was obvious from the moment IA did this and it was a mistake for them to fight this fight. They should focus on preservation. Let the EFF handle the lawsuits, and let Library Genesis handle the illegal distribution of books. Everyone focus on what they're best at.