At this point, the Internet Archive should consider simply moving to another jurisdiction. Decisions like this are a shame, because they hinder a proper way to deal with piracy.
Physical libraries compete with book sales too, but of course libraries are lawful. Why should digital libraries be treated differently? Because there are ways to circumvent DRM on Internet Archive books? Well, there are ways to bypass DRM on sold ebooks, too.
Perhaps IA’s greatest mistake was to allow unrestricted lending during the pandemic. If it had kept its original mission, maybe things would not have ended up like this.
> consider simply moving to another jurisdiction
1) It's not "simply"
2) Moving to another jurisdiction makes things harder, not easier. You'd have to move all the servers and you'd lose almost all easy ways of receiving funds and donations. Ask websites on the brink of legality how much fun payment processing is (adult, piracy, IPTV providers,...).
Considering that the opportunity cost for not switching jurisdictions seems to be no longer being in that particular business, any obstacles along the way seem minor in comparison.
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