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It is a sensible response.
They were going to lose the lawsuit, as it stood.
Now they probably will, but it is no longer a slam dunk, especially if it is a jury trial.
They make be able to persuade people that "1 pBook = 1 eBook loan" is reasonable.
The publishers didn't sue until the recent changes, and part of that may have been that they were afraid they might lose.
We might see the suit dropped, or some sort of compromise reached.
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