Actually, I was shown this last night and it is possible to get the full resolution images at full size, you just have to mess around with the url a bit (basically, zoom in all the way, and at some point it says fullimage=false, and you just change it to fullimage=true). The images are huge and beautiful.
One might argue, however, that since the edges of the paper are shown, they are images of three dimensional objects; however if someone is really worried about that they could just cut off the margins, although that decreases the value of the images somewhat.
I think this /is/ something that it's conceivable the foundation could get sued over (IANAL), however in this case I think we'd be in the right, previous case law has gone with our side, and I think it's worth it to assert the larger communities right to freely see and use works which have entered the public domain. Also, can you just imagine how many images this would affect if the Foundation decided to get rid of all images which are similar to this (high quality images of closely held public domain two dimensional works)? We might as well shut down commons if that's the decision.
Makemi