Page:Hachette Book Group v. Internet Archive (2023).pdf/41

 IA argues that it does not compete in the library ebook market because it only offers libraries a way to “lend a copy the library owns,” while library ebook licenses “are not tied to what print books the library owns or what the library does with them.” Def.’s Memo. at 30. But IA’s free library ebook model need not mimic the Publishers’ licensing schemes in every respect to provide a significantly competing substitute. An accused infringer usurps an existing market “where the infringer’s target audience and the nature of the infringing content is the same as the original.”, 714 F.3d at 709; , 11 F.4th at 50. That is the case here. For libraries that are entitled to partner with IA because they own print copies of books in IA’s collection, it is patently more desirable to offer IA’s bootleg ebooks than to pay for authorized ebook licenses. To state the obvious, “[i]t is difficult to compete with a product