They're suing Internet Archive because IA scanned a bunch of copyrighted books to put online for free (e: without even attempting to get permission to do so) then refused to take them down when they got a C&D lol. IA is putting the whole project at risk so they can do literal copyright infringement with no consequences.
It's not lambasting to communicate what happened. IA got a C&D, refused to comply, and got sued for copyright infringement. The courts sided with the publishers when IA tried to claim it was fair use (technologists seem to have a pattern of stretching the definition of fair use). They've put their entire project at risk because they've repeatedly ignored the law here. That's just what happened.
