Earlier quoted context omitted.
that right there is worth another year's donation, although I have to say how is it even possible - surely these aren't out of copyright?
I'm not sure if this is the case here, but IIRC, the internet archive is considered a library, which grants them some special rights regarding copyright. I believe that's the reason that allows them to host arcade ROMs as well.
The exemption is only for making backup copies of circulating materials.
https://www.law.cornell.edu/uscode/text/17/108
Archive.org only serves things that copyright holders haven't demanded they remove. Some things they "lend" out to one person at a time using streaming technology, so it's the users fault if they copy it, same as with Blockbuster videotapes.
Their arcade ROMs at abandonware or streamed.