They have a ton of copyrighted games, they have recordings of concerts from artists who almost certainly haven't authorized that. Personally I love this, I just really hope they don't get sued into the ground.
And the Archive could always move out of US jurisdiction if absolutely required.
It's past 2006 now. This text seems outdated. Furthermore, it states:
> In 2003 the Internet Archive, as part of research into vintage software archiving, discovered possible archiving issues involving the Digital Millenium Copyright Act. This could make it impossible to legally archive early computer software and games, even for accredited institutions wishing to store limited amounts of non-distributable, archival images.
I don't believe we're looking at "non-distributable archival images" here.
This is one of my favourite things on the internet: https://archive.org/details/EALand_FinalCountdown
And it would probably vanish in a few years without something like archive.org.
In this case, archive.org is distributing copies of the software to everyone's browser, and I don't think there's any plausible case that it's fair use or that any of the other exemptions apply. I'd expect it to count as infringing in most non-US jurisdictions as well, though probably not all.
In practice, though, even if Apple decides to do something about this (unlikely), they'll probably just send a takedown notice rather than actually sue the Internet Archive. I'd call it a calculated risk on the Archive's part.