I mean, I'd like games to be available, but I don't see archive.org's legal basis for providing it. I mean, the stuff is copyrighted. Lack of commercial availability doesn't change that.
Yeah, some abandonware sites might try to just fly under the radar, and some rightsholders might just not care, might not be much value there. But once you're in a situation where a publisher is fighting a legal battle with you, you're clearly not trying that route.
You can argue that copyright law should be revised. Maybe copyright on video games should be shorter or something. Maybe there should be some provision that if a product isn't offered for sale for longer than a certain period of time, copyright goes away. But I don't think that this is the route to get that done.