I’ve heard quietly that some authors would like to have the Internet Archive items taken down, but they don’t have standing to do so because they can’t prove they were the publisher of Omni. They might, in fact, have to produce contracts or US Copyright Office registrations to meet the DMCA test.
Even then, because the work is being reproduced as a whole (per the National Geographic case), it’s possible the Internet Archive would assert that only the Omni copyright holder could demand a takedown of the full scanned issues.
