Larry Lessig has writen a blog post on the Google Books settlement. Lessig starts by saying “this is a good deal that could be the basis for something really fantastic,” and then elaborates, noting how important will be the governance of the new non-profit registry. At the end, Larry trashes the legislative proposal for an orphan works act:
The biggest loser in this whole battle is the Orphan Works legislation. If anyone needed evidence to demonstrate that it is WAY TOO EARLY for Congress to be passing massive new bureaucratic overlays to copyright to deal with the important problem of “orphan works,” this is the evidence. Let’s let this private alternative develop, while Congress puts away its billion-factor balancing tests for regulating access to “orphan works.”