The thing that drives me nuts is that I really do value that baby they're carrying around. It is precious. But I don't want to give the Internet Archive money just to funnel into the pockets of their lawyers and settlement payments to big publishers due to these unrelated quixotic battles.
I was hoping that the IA would have learned a lesson from losing this court case, they should have settled as soon as they could. I'm sure the publishers don't want the bad publicity of "destroying" the Internet Archive, they just want them to stop blatantly violating their copyrights. But this appeal suggests that they haven't learned that lesson yet.
In an ideal world there'd either be some kind of leadership shakeup at the IA to get rid of whoever was behind this stunt, or some kind of alternative IA-like organization appears to pick up the archive before the IA goes broke and its collection ends up being sold off to the highest bidder. Or simply destroyed.