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how Google gets and handles its information is an industrial secret

But a great corporation, even one sworn to do no evil, makes no such bargain with the public. There is no reciprocity. Trust is not mutual. It’s understood that the public interest, if considered at all, comes second to the interests of the corporation — profit, growth, and power. So the corporation can and will keep its secrets, even though what it is dealing in is information, even when its business is making knowledge accessible, open, free — the very opposite of keeping secrets.

Advocates of open access to orphan works cheered the rejection of the settlement, saying it could pave the way for legislation that would let anyone — not just Google — use the books..

“If Congress can wake up to the importance of this issue, there’s a good chance they will pass orphan books legislation, and they will do so in the interest of the general public, not favoring any enterprise,” said Robert Darnton, director of the Harvard University Library