Previous thread about the lawsuit: https://tild.es/pds Internet Archive also published this blog post: Impacts of the temporary National Emergency Library and controlled digital lending Ars...
Experts have told Ars that the CDL concept has a better chance of winning approval from the courts than the "emergency library" idea with unlimited downloads. But the legality of CDL is far from clear. Some libraries have been practicing it for several years without legal problems. But publishers and authors' rights groups have never conceded its legality, and the issue hasn't been tested in court.
If the publishers dropped their lawsuit now, they would be tacitly conceding the legality of CDL and potentially endangering the revenues they currently earn from licensing e-books to libraries for digital checkout. Also, the Internet Archive's decision to stop its emergency lending now is unlikely to protect it from liability for lending it has done over the last three months.
Previous thread about the lawsuit: https://tild.es/pds
Internet Archive also published this blog post: Impacts of the temporary National Emergency Library and controlled digital lending
Ars Technica's article includes uncertainty that this will stop the lawsuit: