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If the works truly are orphaned, is it wrong if no one lodges a complaint? Is it restricted if there's no law dealing with it, or implicitly permitted?
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Well wrong is a moral judgement rather than a legal one, and as I've said, I tend to agree that it might be a good thing.
There
is a law covering the copyright status of orphan works, they are covered by the same law all other works, and are copyrighted.
If the law needs changing to make an exception for orphan works, then it should be changed. But companies cannot be allowed to simply pick and choose which bits of the law they will obey. It is the job of the legislature to define the law, not Google's.