Then said writers of TOS should be dragged in front of a judge to be berated, then tarred and feathered, and ran out of the courtroom on a rail.

Having your cake and eating it too should never be valid law.

Maybe we should start with those who made such copyright claims a possibility in the first place

They're long, long dead.

There are still people who help extending it

If copyright can be used to prevent the archiving of ToS documents, a copyright duration of 3 years would be sufficient. Not all objections to copyright boil down to "the Mickey Mouse Protection Act should never have passed!".

I don’t think contracts and agreements that both parties can’t keep copies of are valid in any US jurisdiction.