Google wins in court (again) as the Second Circuit of Appeals rules that its mass book digitization program qualifies as fair use. But Google is a commercial entity! And their files might get hacked! And their library partners are even more susceptible to copyright pirates than Google is! Yes, said the court, but. . .
The orphan works problem is finite. Current practices will chip away at the number of orphans. It is unlikely that more orphans will be created in the future because it is so easy for publishers now to hold onto rights and keep books available in some form.
What are the key issues for scholarly publishing today? Setting the agenda for productive discussion.
The new Google Ebooks have made a mess of many popular classics in the public domain.