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I agree that legislation rather than out of court settlements is the best answer.
And I am completely opposed to a situation that would grant permission to Google to do something that everyone else is prohibited from doing.
However, they're not called "orphan works" for nothing. I note that all of the posts here refer to copyright holders rather than authors. I shed no tears for copyright holders who are not actively promoting the works. Nowadays a work can be posted at Amazon as an eBook for little investment. Use it or lose it.
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