> But with CDL, the IA does not loan out more digital or physical copies than the IA has purchased. The Internet Archive also argues that there’s no evidence th

> But with CDL, the IA does not loan out more digital or physical copies than the IA has purchased. The Internet Archive also argues that there’s no evidence this lending has affected the publishers’ profits, which the judge concluded was irrelevant to the underlying legal matter. This is true. The judge is saying that the legal matter is different from the actual possibility of harm. Has anyone considered the possibility of bringing a "suit in equity" petition against these companies to provide proof that there are profits lost and then requesting that case regarding the legal matter of copyright violation be put on hold pending the petition? Since the matter of profit loss is the center piece to the argument, why cant there be some kind of conformation of loss to make these kinds of cases lose merit?