I think there is quite a bit difference between archiving stuff. And making it publicly available. The first one make lot of sense, even if technically the content does not follow copyright laws. But there is important cultural history with it that should be considered. But on other side, maybe access should be limited in someways.
The problem is that an Internet Archive where you you have to show up at some building in the Bay Area during office hours to access the archive is quite a bit less valuable than the archive in its current form.
