This sounds awful. I love the internet archive. Why would anyone sue them? Well, you explained why, but... why??? It's just crazy.
I hope the lawsuit fails. I believe in intellectual property, but the internet archive does not violate that in my opinion. I have never seen a scanned book on there that was written this century. Maybe I am mistaken.
!PIZZA
They are on there but you can't download them, you need to borrow them like you would a library book.
Interesting. They have more than I realized! For now...