https://www.law.cornell.edu/uscode/text/17/108
> it is *not an infringement of copyright* for a library or archives
Emphasis is mine here. The OPs link does not define what an archive is or isn't, it defines constraints on an archive or library such that it doesn't infringe on copyright according to US law.
To conclude that the IA is not operating an archive because they might be infringing on some copyrights according to US law is fallacious thinking.
The Internet Archive quite clearly does not abide by those exceptions, and as such they are infringing copyright and not an archive protected by these laws.
If the Internet Archive (or anyone and anything for that matter) wants to spend my tax dollars, they can start by first abiding by the laws and regulations of the legal jurisdiction they reside in, in this case the USA's.
> An archive very clearly means something very specific
What you perhaps meant to say was:
"An archive that infringes US copyright laws should not be afforded protections under US law"
Most people, myself included, took issue with the way you dismissed IA as not being an archive altogether; it clearly is an archive and whether or not it infringes US copyright law does not change that fact.
Whether it should be protected by law is a different matter.
Internet Archive goes far beyond that and I stand by my claim that it is not an archive.
This does not apply to unreleased work. If you create something and keep it private, I don't consider you to have a moral obligation to ensure your work eventually becomes public domain. If you do distribute that work to the public, at that point I do consider you to have that obligation, and if you won't do it, then someone else has every right to ensure that the public will gain ownership of the work at the appropriate time of copyright expiration.
To be frank with you, it seems to me like this organization did something that is counter to your politics, and so you refuse to acknowledge the obvious reality that engaging in archival activity makes them an archive (to all the world if not you personally). I don't think you're speaking from a place of interest in preserving cultural and historic artefacts, it would appear your interest is in lashing out at them because you have chosen to view them as your ideological enemies.
And I think that's a shame, and not compatible with the goal of curious discussion. I think you ought to be able to express your disapproval without taking these ontological liberties. The other commenter's suggestion ("they shouldn't be protected by the law") is a good example.