Comment by kelnos

What do you mean by "negotiating"? They can buy the books in paperback form from Amazon. And for e-books available for sale without DRM, they get to skip the cutting and scanning part.

If the book is out of print, then tough luck. That's not a license to infringe on the publisher's copyright. If we're not ok with that, we have legislative means to change that. A judge shouldn't be rewriting law in that manner.