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There’s a huge difference, an absolute chasm, between non-destructive scanning, which was always an option by the way, for the purposes of putting it in a public archive and And destructive scanning with the intent to hide it from the public where it may never surface for all we know.
Like Anna’s Archive, or Sci-Hub. Famously legal.
If only they uploaded everything to those archives, the scanning would be perfectly fiiiiine.
First, I was discussing the hypothetical put forth by that other person.
Second, “hide it from the public” is almost certainly a function of copyright law. Just because you are allowed to digitize a book doesn’t mean you’re allowed to distribute it.