Furthermore, the claim that Google will have exclusive access to orphan works is unfounded. The settlement gives Google a nonexclusive license. New entrants can enter the market at will. Even if the only way to license these works is to settle another class-action lawsuit, the $45 million precedent makes litigation inevitable.No, they cannot enter at will. A new entrant will get sued, and might have to pay a $45M settlement.
The court must consider whether the rights of orphan work authors will be fairly represented under the settlement. Consumer benefit, not pressure from the Justice Department, should guide the court's decision.This guy does not even make any sense. Does he want the court to consider the rights of orphan work authors, or consumer benefit? They are directly at odds.
Copyright law is broken, but it won't be fixed by some judge granting Google a monopoly on orphan works.