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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.

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