That is not a shade of gray anymore. They will get into trouble with that some time.
That would certainly by my IANAL reaction. My guess is stuff gets taken down and uploaders get banned when they get complaints. That's just a guess though, and if correct, it's not obvious whether it's sufficient to keep IA out of trouble in the long run. Not my circus, not my monkeys
In practice, I suspect no one cares much about 12 year old software that was widely bundled free by OEMs. The PowerShot CDs seem like they would be even less of a concern, but again, IANAL.