I'd imagine in being allowed to scan a large amount of the works they are storing they presented the system in a way that would improve the way scholars did thi

I'd imagine in being allowed to scan a large amount of the works they are storing they presented the system in a way that would improve the way scholars did things. It's possible they gave no guarantees but if they did they have the responsibility to live up to them. As mentioned they may have a monopoly on scanning the vast majority of older texts online due to the court settlement and deals with processors. If they are to be the gatekeeper and don't act responsibly then it is really a loss for everyone, regardless if they are bound to or not.