Judge rejects Google's attempt to create a universal library
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"Orphaned" works are much worse than it is intimated in this article. I know that the folks at Mises.org, who also try to put out-of-print works online, are often blocked from putting up works for which the copyright holder simply does not exist, but is still within "copyright" time limits.
Their experience is that putting these esoteric texts online in forms that can be searched causes the dead-tree version sales to _increase_.