greetings.

http://www.opencontentalliance.org/2009/04/17/internet-archive-files-intervention-request/

"Pursuant to Your Honor’s Individual Practice 2 (A), we write
on behalf of the Internet Archive (“the Archive”) to request
a pre-motion conference in the above-referenced case. The
Archive seeks leave to file a motion to intervene in this
matter as a party defendant.

...

"The Archive seeks to intervene in the case as of right under
Federal Rule of Civil Procedure 24 (a) (2), or, alternatively,
with the Court’s permission under rule 24 (b) (2). The Archive
is one of many Internet content providers that have an
interest in opposing the proposed Settlement Agreement because
it effectively limits the liability for the identified uses of
orphan works of one party alone, Google Inc., and provides for
a Books Rights Registry (“BRR”), the interests of which are
represented solely by identified rightsholders, to negotiate
their exploitation. All other persons, including Internet
content providers such as the Archive, would not be able to
use orphan works broadly without being exposed to claims to
infringement. Unlike Google, such persons could face
potentially significant statutory damages for their use of
orphan works."