I don't know about this particular issue, but the Internet Archive actually has a special exemption from the DMCA for bypassing copyright protection in the game

I don't know about this particular issue, but the Internet Archive actually has a special exemption from the DMCA for bypassing copyright protection in the games it holds. It's actually designated a library in California and no doubt has a few lawyers who would happily represent them if something untoward happens. Most likely, at worst, the Archive will be notified that it can't host the material and take it down (and I strongly suspect that Burke wouldn't do that). I find it hard to think there will be any major assault on it after all these years and it's long-standing reputation.