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Peter Eckersley, Google Book Search Settlement: Foster Competition, Escrow the Scans, EFF, June 11, 2009. (Thanks to Charles Bailey.) Excerpt:
Update. Jennifer Howard tells me that in her podcast interview with Google's Adam Smith (June 15, 2009), she asked whether Google could be persuaded to put CC licenses on its scanned books. Smith said it would, if that's what authors wanted.
Good question, good answer. It's a start, even if comparatively few authors are interested in CC-based OA for their books. Google should build this option into the settlement, set up a way for authors to register their interest, and then (if the settlement is approved) carry it out.
On the other hand, we're not likely to get a large volume of OA from the Google settlement unless it comes from the orphan works, where we'll never know what the authors want.