I'm writing purely about scanned books.
The IA is sharing scanned books, in copyright, to the public both via Open Library and their regular downloads.
One example:
https://archive.org/details/TheAshleyBookOfKnots
The Open Library case was about violation of the rights of copyrtight holders, basically IA sharing a copy without the right holders permission. Mostly that is via Open Library. They have been accepting uploads of scans and doing their own scans for over twenty years. They have consistently abused copyright of printed material.
They've only taken notice of big corporates over non-book media.
That's why the publishers brought the court case.