I agree with the Internet Archive on philosophical/ideological grounds and support their actions overall...
_However_, they have to operate under the same BS everyone else does, so it seems naïve for them to take reckless actions that could put them in this position
If you did this you'd be sued into the ground and 100% lose. Now, I'm not saying the Archive will get away with what they did or that it was a good idea, just that there might be some non-obvious avenues.
_However_, they have to operate under the same BS everyone else does, so it seems naïve for them to take reckless actions that could put them in this position