Wired.com
http://www.wired.com/threatlevel/2010/02/google-books-fosters-intellectual-legal-crossroads/
But when it comes to so-called orphaned works, Google’s proposal becomes legally murky. University of California professor Pamela Samuelson estimates millions of books still in copyright have rights holders that can’t be found.
Google would be able to scan them, sell them and place up to 20 percent of a title’s words in search results — all without the rights holder’s consent.