"Not only that - if this goes to court ..."

They gave authors the ability to opt out. From the FAQ:

"If I am an author and I do not want my book to be temporarily available during this crisis, how can I remove my book from the National Emergency Library? Authors who do not want their books in the National Emergency Library should send an email to info@archive.org with “National Emergency Library Removal Request” as the subject line. Please include each URL of the book or books you would like to have removed. Please allow up to 72 hours for processing as we are a small team."