hutcheson - 9:51 pm on Apr 8, 2009 (gmt 0)  I think the deal is,
nobody but Google can license an orphan book SCANNED BY GOOGLE.
That is, Google put the book "back in print" and as a result
gets unique control over that scan.  If I understand Google's
position, there's nothing keeping anyone else from scanning
orphan books, creating their own digital library, negotiating
the same terms as Google did, and proceeding to exercise unique
licensing control over THEIR scanned image of the same books
Google has.  The other side replies: and who would do that, now
that Google's done it once?  My take: orphan works are a real
problem. It was a great misfortune when the U.S. abandoned its
principled stand on copyright (that everything had to be done in
such a way that the public domain was clearly defined and
constantly increased) and caved to the Robber Barons of Europe.
And Google has tried to address that. Well, it's a good thing
for the world, AND a good thing for the copyright holders (if
they ever show up). Afte