And certainly such documents donated to libraries get more use than documents destroyed because a family doesn't want to donate with privacy clauses OR bother with preservation. Offhand and assuming that digitizing is done with care so as not to damage the book, I don't think I'd mind violating such a law. I'll make it clear that I'm speaking for myself, not Rakehell. I'm part of a generation that believes strongly in freedom of information, whatever the cost. I don't support theft or destruction of private property, unless it is for a higher cause.
History is a higher cause.
Because of people's blatant disregard for history it repeats itself over and over again. Anybody who stands in the way of the flow of historical information deserves to have their books digitized behind their backs. We're not talking copyright here, this stuff's way too old for that, we're talking libraries being selfish and backward. Csybil's madeit clear that she isn't digitizing rare or expensive books, merely those that are long out of print and unavailable to msot of us. IF you were selling it digitally without permission of author and publisher, that would definitely be infringment.