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Originally Posted by avantman42
But surely, if Google's actions are a "plain and brazen violation of copyright law" as the Author's Guild says it is, the appeals court would have overturned the original decision?
Then I misunderstood your point. I thought you meant that a copyright owner could lose their copyright if they didn't actively enforce it. I believe that's the case with trademarks, but not copyright.
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One never knows what a judge may decide. Failure to defend a copyright might very well land a work in the orphaned works pile. Orphaned works is something that the legal system is struggling with. The abandoned property principle is well entrenched in the common law legal system.
As far as your first point, don't confuse lawyer's rhetoric with the actual legal principles. Lawyers say all sorts of things in the press.