Who else is better equipped? In my view it would solely depend on the lawyers that internet archive hires, and money plays a big factor in that.
The EFF. This kind of thing is why they exist.
The Archive making themselves an easier target was a huge misstep IMO. All it takes is one overreaching judge telling them they need to purge all copyrighted data (a common judgment in lawsuits like this) and the world becomes a worse place.
Thanks for the detailed review!
I'm curious, have you played Starsector? It's an RPG/space combat sim, not naval combat, but it feels broadly similar. From what you said you liked about this game it seems like you might enjoy it, and it's ridiculously well polished for a game still in alpha - I've encountered virtually no jank or annoying bugs in my playthroughs.
(Trading kind of sucks* due to tariffs making margins low if there's not a shortage in a good, though there are mods out there to make the economy act more like a more traditional trading sim)
(* Though it has the most fleshed out smuggling system I've ever encountered, with stealth mechanics and suspicion meters and economic effects to dumping things on the black market)