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The court wasn't considering morality, or fairness of existing copyright law, or unavailability of OOP books. It was the quite narrow test of copyright violation. Was a copy made and distributed without the permission (needs to be in writing) of the copyright holder? The IA could never win on fair use on that and an appeal will fail.
Personally I think copyright has been extended too much and there needs to be action about OOP. We need reform and shortening of terms, not unilateral violation.
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