Well, the IA servers won't be offered for sale because IA decided to buy new servers, and similarly the buyer is in all likelihood really interested in the data

Well, the IA servers won't be offered for sale because IA decided to buy new servers, and similarly the buyer is in all likelihood really interested in the data. Selling the data while claiming they 'merely' sell the servers is probably not fraud, but I don't think a judge is likely to look well on it. I can see the publishers arguing the data has monetary value and demanding restitution. Another thing is that IA relies on their designation as a library to avoid copyright legal issues, and the buyer will probably need the same designation (or at least to exist outside of EU/US). Still, with good will and good lawyers all this might be doable. Nationalization is heavyweight and unlikely. If needed, someone will have to push for this behind the scenes. This is a big mess though, we may need every option we can get. Why didn't IA think of separate legal entities in advance? Judging by the fact they got themselves into this, I suspect the foundation is not very well run...