I have it in my head that playing fast and loose with the law is just how things are done. I think the problem here is Internet Archive is not making heaps of money for shareholders and (arguably) causing these publishes to lose money.
An example is Uber 'invents' smartphone taxi's and says the laws of employment and taxi's don't apply to them. They make a ton of money and here we are.
No one, who is anyone, got to where they’re at because they followed the rules. At a certain point anyone who is successful took a risk in their past and it paid off.
When you take a risk for profit, you can hire the lawyers you need to cover for the sins you committed. Most of the time it’s cheaper for parties to settle out of court and this puts you at the negotiating table and integrates your success into the existing power structures. You live long enough to become the villain.
When you take a risk and innovate for the greater good, you don’t have the profit, you can’t hire the expensive attorneys to cover you, and you get eaten alive by the parties you offended. You die the hero, which is why very few do this.
An example is Uber 'invents' smartphone taxi's and says the laws of employment and taxi's don't apply to them. They make a ton of money and here we are.
Maybe I am being overly cynical.