Fair point. Being small and shadowy is a sufficient condition to avoid litigation, but not a necessary one. Another sufficient condition is having billions of dollars to throw around. Unfortunately, archive.org is well known, well loved, and fundamentally harmless.

But AI companies don’t publicly redistribute the content they scrape, whereas Internet Archive does.

Even if you believe what the AI companies are doing is or should be a copyright violation, the Internet Archive is redistributing in a more direct manner.

Side note: You probably mean "flout" instead of "flaunt."