I think this is hyperbole though. The suit is not about stuff that's out of print, it's about their decision to create unlimited access to books still in copyright and available via normal marketplace avenues. I don't have insight into Brewster's finances, but he's a web 1.0 winner so....

I love the wayback machine, but that's not what's in danger here. the servers are not expensive to maintain, they've already got that hardware in place. Scraping the Internet is done through bots. The big cost they have is about acquiring new things and the labor of creating searchable metadata.

And the music. Record industry is probably not what will do him in.