Among many actual (and potential) objectors to the Google Book Search settlement, the Internet Archive has requested a pre-motion conference with the judge to get permission to intervene in the case. Their letter hits on one of the most contentious issues raised by the settlement, that it essentially gives Google a uniquely-protected monopoly over unclaimed orphan works of uncertain copyright status: “it effectively limits the liability for the identified uses of orphan works of one party alone, Google.” As they note later, anyone else “would not be able to use orphan works broadly without being exposed to claims of infringement…and […]
