Due to technical glitches that I am investigating, this comment by Brandon Butler was not posted by my Movable Type installation yesterday. It has now retroactively appeared in the place in the comment sequence where it would have appeared if it had posted immediately. It provides a helpful summary of what the HathiTrust Orphan Works Program does and does not do. While there is clearly disagreement over the legal and moral implications of what the member libraries are doing, that disagreement should start from an accurate and shared understanding of the facts, and I regret the delay in enabling this comment to appear.
A general note: if you ever post a comment and it is either held for moderation or it does not appear, please email me immediately. I will investigate and attempt to fix the problem.