It's not the Internet Archive's job to be the first one to try to resolve fair use questions like this, and attempting to do so put the organization's orginal core mission at risk.
They should have let someone else take the risk, and continued archiving the internet. That is all that most of their supporters expected of them, for good reason. Their attempt to pivot toward being a generic, universal library was bad scope creep and should have been stopped when it started.
They should have let someone else take the risk, and continued archiving the internet. That is all that most of their supporters expected of them, for good reason. Their attempt to pivot toward being a generic, universal library was bad scope creep and should have been stopped when it started.