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Fbone, the case you cite refers to music file sharing. Clearly the record companies have been active.
My original question dealt with books which are out of print in all legitimate forms.
Perhaps I should ask a new question:
When a book is out of print, may the public ethically presume that the copyright holder no longer cares?
A book may be out of print for a short while when it changes publishers. But if a book is out of print for a certain period, say one year, I think that the public may assume that the work has been abandoned, and proceed accordingly.
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