Publicly available.
As the New York Times notes, the Internet Archive is being sued for copyright infringement. Yet all they seem to have done is to save a copy of publicly available information; the logical equivalent of sales brochures. They do of course make those brochures available to internet users, but they were already available once before.
The plaintiffs in this case, Healthcare Advocates, are trying to win another lawsuit wherein access to the earlier web pages would be detrimental. But many companies have been ordered to produce email in court cases, which is a far less public medium.
Wouldn't a library which had saved years of brochures for research purposes be guilty of the same thing?
Once the information has been made publicly available, isn't it always publicly available?

