UC-Berkeley School of Law professor Pamela Samuelson said the issue of orphaned works should be handled by legislators, not a settlement in a class action. “Usually if you want a compulsory license you have to go to Congress,” she said.
Samuelson said she favors a scenario in which the Internet Archive and other digital libraries, not just Google, would get a license to scan the books and make them available online.
“I hadn’t expected them to intervene,” she said. “It’s an interesting development — it’s going to be interesting to see how it turns out.”