Not exactly. The NEL likely pushed publishers to file, but that wasn't what the case was about. The IA lost when they admitted they had no controls in place wit

Not exactly. The NEL likely pushed publishers to file, but that wasn't what the case was about. The IA lost when they admitted they had no controls in place with library partners - meaning they were not even doing CDL as they themselves defined. And, they had a clear profit motive, the worst of which is linking to BWB (imagine if they had linked to a publishers site for the print copy instead). The IA playing fast and loose is where the fault lies. CDL implemented as defined could have been an interesting case, but that's not what this was.