This lawsuit is ridiculous. The Internet Archive is being sued because in a trademark lawsuit involving separate parties lawyers for the plaintiff used the Archive's Wayback Machine to access web pages stored by the archive to prove the defendant had infringed their mark.
The defendant is now suing for copyright infringement, DMCA, and CFAA violations for plaintiff''s actions, and is suing the Internet Archive for negligence, breach of contract, and fiduciary duty.
This is the stupidest thing I've ever heard. Especially since the archive is routinely used by IP attorneys to determine whether there has been infringement. It's the only history we've got and it's fair use. Plus there was no contract, and I'm not sure how there could be a fiduciary duty either.