The way I read the permanent injunction (
linked from here), it only covers copyrighted books that are both commercially available (ebook or paper) and where the title is on a list sent from the publisher to the Internet Archive. The Internet Archive has 14 days to comply with new lists.
This seems fair to me. The Internet Archive can still lend many out of print books under United States copyright.
P.S. This goes straight to the injunction:
https://www.publishersweekly.com/bin...006/6311-1.pdf