There is so much misinformation/confusion about this... they go sued after lending "unlimited" copies, but they were sued (and lost) for lending exclusive copies (controlled digital lending):

> “At bottom, [the Internet Archive’s] fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book,” Judge John G. Koeltl of the U.S. District Court in Manhattan wrote. “But no case or legal principle supports that notion. Every authority points the other direction.” [0]

[0]: https://www.insidehighered.com/news/tech-innovation/teaching...