They are the Internet Archive, the archive of freely (in the past) available stuff that can't be found anywhere else, in most cases. This is much more fragile than old books which likely exists in thousands of copies anyway.
I do not admire their stance, and am unhappy that they are recklessly jeopardizing their unique thing to make a case where they have a very big chance to lose, without any circumstances forcing them to do so.
This is not how you serve as a warden of a valuable archive. (I know, I know, it's their right and their choice.)