With regards to "too big to fail", one side that doesn't get talked about as much is that "too big to fail" banks get more regulatory scrutiny and how much risk they are allowed to take on is regulated.

If the Internet Archive is "too big to fail" then there should be more scrutiny of their actions and the avoidance of risky behavior.

Anybody with any legal sense could have told you that the "National Emergency Library" was a risky move.