Moreover, as to the question of fair use, I have difficulty regarding a use as fair, when a user benefits as extensively from the copyrighted material as this one does, yet adamantly refuses to make any contribution to defray the publisher’s cost, or compensate for the author’s effort and expertise, except the nominal subscription price of two copies of each periodical. Defendant’s libraries, and others, have attempted to exercise a measure of self-restraint hitherto, but there is nothing in the majority decision to induce them to continue, that is not more than counterbalanced by other material that will encourage unrestricted piracy. However, hedged, the decision will be read, that a copyright holder has no rights a library is bound to respect. We are making the Dred Scott decision of copyright law.
Williams & Wilkins Co. v. United States, 487 F.2d. 1345, 1387 (Ct. Claims 1973) (Nichols, J. dissenting)