[kevingadd]

In many cases yes, but historically the Internet Archive has enjoyed legal exemptions to protect them, see https://archive.org/about/dmca.php for example

"Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access." can be argued to cover many of the video games they currently archive. You could probably argue this applies to classic nintendo ROM dumps and such as well but I doubt anyone wants to have a 10 year long, multi-million USD court battle with a notoriously abusive legal department like Nintendo's.