You really don't need to be a lawyer to understand the extent to which Internet Archive really screwed up here. For starters they lost on Summary Judgment, which means they couldn't come up with a single issue of fact that the judge thought deserved a trial. Read the Order, the Judge obviously has it straight. Then check archive.org's Form 990s and see how little money they run on, how much they pissed away on legal fees so far, and also infer the amount they had to pay in damages, which was obviously very tiny.
You are welcome to argue it as a matter of culture (and I'm inclined to agree and cheer you on) but from a legal perspective, Brewster should be removed and they need to find competent people to put on the board because they really did put the entire organization at risk over an idiotic decision. And the ramifications continue.
Internet Archive's "we own a copy of a book, we scan it and loan out one digital copy" policy was already on shaky ground. When Covid hit and everyone lost their minds, letting homeless people sleep on the stairs of their building apparently wasn't enough so they just turned into The Pirate Bay and loaned out infinite copies of everything.
In discovery for the case, it turned out they weren't even tracking the "we own one copy" part to begin with correctly. None of this should be surprising to anyone who actually attempts to use the site. The whole thing is duct tape and string.
They have a tiny budget and the do amazing things with it, but it really deserves to be treated like a business and not be run like an art project. If they wanna stick your neck out and push for CDL reform, great. Just do it under a different LLC so you don't tank the 50 other important things you've got going on. And it's time for Brewster to move on. In any other non-profit he'd be gone by now.