I have a really hard time with this one. Their current legal situation didn't just happen to them: they made an intentional choice to do something which ~everyone who knew anything about law warned them would be catastrophic and are now facing the catastrophe that they were warned about. They acted like a small activist group with nothing to lose rather than the essential piece of infrastructure that they have become.
I appreciate that the Internet Archive only exists because it took legal risks back in the day and those risks paid off. But from a strategic perspective you really have to stop being an activist organization once you've won enough ground that being ground to a pulp by the establishment would be a catastrophic loss for humanity. At that point it's time to let the little guys with nothing to lose take the mantle and just focus on preserving the ground that you've won.