An absolutely fascinating defense. "Someone else might not be able to commit this crime, so we should be allowed to do it" is one of the weirdest defences I have ever heard.

Hey, it worked for the TBTF banks...

"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. But no case or legal principle supports that notion. Every authority points the other direction."

Oops, guess your local library needs to burn their microfiche collection! Also, emulator enthusiasts up against the wall.