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I suppose we'll just need to wait for someone to sue the Internet Archive and have the EFF step in.

I'm not sure if even the EFF can rationally justify the amount of copyrighted materials on there.

I think the sheer quantity of really valuable copyright-free things on there would be a pretty good case.

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.