It's not a binary fact of having a choice or not. A less restrictive policy would bring a load of frivolous copyright and/or trademark encroachment. Fighting it

It's not a binary fact of having a choice or not. A less restrictive policy would bring a load of frivolous copyright and/or trademark encroachment. Fighting it would be a worthy fight, but would divert resources away from their core mission of archiving, which is hard enough on its own. AFAIK they're thinking of the historical record for future generations, and present access is a sacrificeable side benefit.