In a significant challenge to Google, Microsoft has struck deals with the University of California (all ten campuses) and the University of Toronto to incorporate their vast library collections – nearly 50 million books in all – into Windows Live Book Search. However, a majority of these books won’t be eligible for inclusion in MS’s database. As a member of the decidedly cautious Open Content Alliance, Windows Live will restrict its scanning operations to books either clearly in the public domain or expressly submitted by publishers, leaving out the huge percentage of volumes in those libraries (if it’s at all like the Google five, we’re talking 75%) that are in copyright but out of print. Despite my deep reservations about Google’s ascendancy, they deserve credit for taking a much bolder stand on fair use, working to repair a major market failure by rescuing works from copyright purgatory. Although uploading libraries into a commercial search enclosure is an ambiguous sort of rescue.