Earlier quoted context omitted.
They're not in court for the emergency library. They're in court for the 1-1 CDL lending they did. I'm tired of seeing this "well IA shouldn't have done the emergency library" line. Do you honestly believe the only reason publishers went after IA is the emergency library? I think this would have happened eventually, so pointing to the emergency library does nothing but tell everyone that you were right all along. The…
The lawsuit was filed three months after NEL was launched. Controlled Digital Lending has been around for years and is used by public libraries. Publishers didn’t like it CDL, but they lived with it. There absolutely is a correlation between NEL and the lawsuit. It’s a small part of the lawsuit, but it’s clear it pushed them to go to war against IA.
Publishers spent millions of dollars developing digital lending platforms with fewer features and worse ROI than CDL, and then bullied libraries into adopting them.
This is a reasonable summary of their pre-IA activities:
https://digitalscholarship.unlv.edu/cgi/viewcontent.cgi?arti...
> There absolutely is a correlation between NEL and the lawsuit.
As many comments point out in this thread, legally the trial and the judicial decision had little to do with the NEL. Therefore, in the counterfactual where the NEL had not been part of the dispute, the publishers would have still won their case.