Epstein on Google
If Google can unilaterally put this burden on copyright owners, then so can all of its rivals, forcing both publishers and authors to expend valuable resources just to preserve the status quo ante. This “negative option” approach has been roundly rejected in traditional contexts, as with audacious publishers who send notices telling hapless addressees that they’re now subscribers for a year unless they return some opt out notice.
I’ll leave it to the IP experts around here to say whether he’s right or wrong on the details. If he’s right, it doesn’t bode too well for Google books.