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There was an exemption made in the DMCA for archive.org's software library back in 2006, so their use is legal.

https://yro.slashdot.org/story/06/11/29/1917234/internet-arc...

That’s an exemption from the ban on “circumvent[ing] a technological measure”, not an exemption from copyright law as a whole. AFAIK the Internet Archive still has to ensure that its use of copyrighted software is covered by “fair use”.

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