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Google Books lists scans of books from the 19th century as copyrighted because of this. Not new books with any material added -- their own scans of old books. They're afraid to use the books that they themselves scanned because someone else is claiming that they "own" the copyright to, say, a late 1800's Horatio Alger novel (note: Horatio Alger has been dead for over a century).
The law isn't on the side of right or justice; it's on the side of the loudest lawyers.
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