Things will get worse before they're get better, but ultimately the publishers will pay dearly for this.
First, the IA should move to a more favorable copyright jurisdiction to preserve the collection.
Second, there's no point fighting the copyright lobby, especially so in the US. We need to build an alternative access to knowledge that bypasses the copyright/ownership of knowledge paradigm.
I'm starting to think this is the case, but the US is a country that enforces its version of copyright with gunboats. Not an easy task to simply find another jurisdiction.
But it could count as distribution. Copyright covers that. Library style distribution could be just as illegal as CDL style copying, by barely changing anything.