Re: Two sides to the orphan issue?
"The UK IPO had every opportunity to narrow the wording of OW/ECL so there would be no ambiguity and no threat to primary licensing at all. They declined the opportunities."
Fairly recently we, in Australia, had a visiting emissary from the UKs mandated official IP sector. This emissary was billed on arrival as a outstanding "Champion"- however the champion spectacularly and quickly failed, in fact the champion turned out to be pretty average.
A major reason for this failure was ; this emissary genuinely had no idea about Copyright as a exclusive individual right of control of usage. In fact this emissary reacted with ill-disciplined, uncomprehending, anger to the very idea of a individual right-holders right to "say no" to compulsory collective management . The tantrums did not go down well, down under.
From our perspective a covert (or overt) ignorant hostility to primary rights seems not untypical of the UKs mandated official IP sector.