I'm not convinced that the argument here is copyright law. I don't think anyone would dispute this. I think...the bigger question is, why are some books allowed to be downloaded and shared, while others are not? IF, this were a legal case, would/could a judge reason that if some books were sanctioned to be shared by a company, then does that company have the right to dictate which books could be downloaded and shared and which ones could not?
In other words, is there a reasonable basis for the sharing and free distribution of some books but not others?