Yes. Without question. They distributed copyrighted ROMs without a license.
The Internet Archive’s founder, Brewster Kahle, and his team didn’t back down. Their legal and moral argument was threefold:
The Conflict of 2005: Healthcare Advocates v. Internet Archive The lawsuit centered on the Wayback Machine
Internet Archive found itself at the center of a "digital piracy" debate that wasn't about traditional theft, but about the right to preserve the world's knowledge