Does anyone how the Internet Archive get a bypass on DMCA? It's full of pirated games for example. I'm aware that it's one thing to archive something but anyone can download it as well, so it's essentially distribution too. Just curious how does it work. Personally that's how I get old SNES, NES, DS games.
They don't. They do this with their Great 78 project as well. The way they go about borrowing collections, digitizing them, then returning them (which in itself is illegal reproduction), and then posting them online (also breaking copyright laws), is very sketchy. In in addition it is frustrating to watch (I hesitate to say "unfair") them do this when, say, university or publicly funded archives cannot get away with…
Now Youtube and their in-house pseudo DMCA is sketchy.