I was quite surprised and enlightened when I read Peter Hirtle's latest article, just published at the Stanford Fair Use site: Digital Access to Archival Works: Could 108(b) Be the Solution?
Like many others, I had always viewed Section 108(b) as the "preservation" clause that allows libraries and archives to make copies for preservation of unpublished materials. Hirtle takes a very close look at the legislative history, however, which shows that "Congress was primarily concerned with increasing scholarly access to unpublished materials."
How does that, how should that affect discussions today to revise the Section 108? Congratulations to Peter for provoking us with a thoughtful, well-researched article.