Grab of NON US copyright in the US
The book publisher is the one with the rights to sell it DIRECTLY to Amazon, not Google.
The orphaned works are not Googles to sell, or American Publishers organisation to license. It's not theirs. This deal covers books published abroad but scanned in the USA, in other words, if you have written any books (including computer manuals, training manuals, inserts, descriptions, ANY COPYRIGHTED WRITTEN WORK WORLDWIDE THAT COMES UNDER THE BOOKS OR INSERTS DEFINITION) . You will have your work assigned to the American Publishers organisation unless you opt out within the time limit.
That class action deal was a nasty piece of work, what it means is the American Publishes organisation gets the right to license work it does not control, which means it gets to DENY licenses to work it does not own.
It's not their work, who the hell are they to say that Amazon can't sell this book, THAT THEY DO NOT OWN, but Google can?
What the American Publishers organisation did was to object to Googles wish to scan the books, unless the publisher OPTED OUT. What the settlement does is give those rights to American Publishers Organisation instead UNLESS OPTED OUT.
If I left my house unattended, would the American Publishers Organisation claim it as theirs to license, and Google sell it on their behalf? If Google offered to cut in Amazon on the deal would that somehow make it right?
That class action suit cannot stand, it grabs the US rights to WORLDWIDE copyright and assigns it to this publishers group. This means that every book in the world is about to have it's US rights assigned to the American Publishers organisation.
i.e. You publish a book in the UK, it is scanned in the US, before you had copyright automatically, under this agreement, your US rights will be assigned to American Publishers Organisation, Google will sell it, Amazon will get a cut, American Publishers will get a cut, you lose your copyright.
It's a major land grab of US rights to every book in the world.