I think its an incredibly fair view point. If IA loses, and the way back machine goes down, because they keep losing these lawsuits, then it has absolutely affected this person.
To be quite honest, I even agree. The IA should be for preservation, not for piracy. Right now they're boarding that line of piracy, and tbh, I disagree with that as well. Id rather go to a pirate website to pirate my books, and go to the IA to see what has been preserved.