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Controlled in the context relevant to this case relates to the number of copies, not the duration of each lending term. It doesn't matter how long the lending term is if you lend infinite simultaneous copies.



As far as I know, no one, much less the Internet Archive, is currently capable of lending infinite simultaneous copies.


The publishers concern is exactly that IA could do that, since the number of copies they were lending wasn't actually tied to anything they owned or were licensed to lend.




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