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.
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.