I donated a week or so ago. The Internet Archive has come in handy many times for me, not just for the Wayback Machine but also things like their live music archives. They're an indispensable resource.
The trick is you have to create the ROM yourself apparently. Sharing it is bad. I would assume copies made by anybody would be identical, so it would be interesting to see such a case in court against The Internet Archive, not that I want them to get sued, but would love for them to win if they did.
Nintendo is the most aggressive about ROMs than anybody.
They are, but they’re also the most proactive in making their old games available on new hardware. It wouldn’t be fair to call Super Mario Bros “abandonware” because Nintendo has done a lot to keep the game alive and accessible to new generations.
Here's an article that asks this very question, not sure if it was posted on HN prior or not.
"Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access." can be argued to cover many of the video games they currently archive. You could probably argue this applies to classic nintendo ROM dumps and such as well but I doubt anyone wants to have a 10 year long, multi-million USD court battle with a notoriously abusive legal department like Nintendo's.