Big Landmine in Google Agreement

The New York Times ran a story about how the settlement among Google, publishers, and the Authors Guild of the class action suit over scanning and indexing copyrighted books includes the ability to sell e-book versions of out-of-print titles. There is a huge problem here: publishers generally have no rights to books that went out-of-print. For a full explanation, please see my blog at BNET, where I just posted at length about the issue. I'm no lawyer, but I see the potential of another blow-up should some class members object - and I can see how many might object. Heck, I might add my name to an objection this time. I think the potential for this to become another debacle as happened with the class action lawsuit over magazine articles in databases is pretty strong.