I think what is important is that a federal judge ruled regarding the Digital Millennium Copyright act that as long as the material in question is no longer available, the DMC does not apply.

This is why MANY video game manufacturers are bring ancient arcade games out for PDA's, Cell Phones, Portables, etc. Otherwise they lose the protection of their copyright.

One could argue that the OT no longer exists in any format and is therefore legally available for those in need of a backup copy.