Why not? The Wayback Machine predates the National Emergency Library by many years, suggesting it is possible for one to exist without the other.

I think the idea is that the kind of organization that would create the wayback machine in a world prior to the wayback machine is one which will also continue to push boundaries beyond that

I think that argument has a certain stasis to it, and kind of assumes that organisations maintain their energy and people (and those people are not changing!)… but there are realities where the initial push is by some people and then future maintenance is by others.

But I think the IA is a uniquely tough project because of how much the ground is shifting around them constantly. It’s not Wikipedia

And Brewster Kahle's notions about culture and information sharing start well before the Internet Archive. In theory one could pick and choose, but this is Brewster's life-long passion project. The man even outfitted a van with a printer and a binder to distribute physical books for free.

It's very strange to insist that he _not_ push the boundaries of copyright law for the common good. without that you wouldn't have had the Wayback machine in the first place.