
All the rest of the noise and turmoil is bullshit and a tempest in a teapot, since part of the settlement will be you can opt-out of Google's publish on demand system if your works would count as 'orphaned works' and if your books are still published, then Google doesn't get the rights to sell you anything, without your explicit permission.
An orphaned work is one that is still in copyright whose author cannot be found. By definition, a bona fide orphaned work can't be claimed since the author can't be found. An orphaned work is also almost certainly out of print.
If you have an in-copyright but out of print book that was scanned by Google, you really need to either opt-out of the settlement and pursue Google for the copyright infringement on your own, or you need to claim your book(s). I should note that most publishing contracts contain a Reversion of Rights clause by which the rights licensed to the publisher revert to the author after a book is out of print for some period of time. The reversion clause is rarely straightforward and it would be possible for an author to have signed a contract without such a clause.
An author with OOP books can claim those books and also elect to withdraw them from Google Books.
The point about Google ending up with effective control of their digitized copies of orphaned works is much knottier. It does, in my opinion, represent a windfall for Google since they are able to exclusively, it would seem, exploit those books. Supposedly, some of those profits are supposed to be redistributed to authors who opted in.
Sadly, the Author's Guild (of which I am a member) doesn't seem to have a very good understanding of technology. I suspect Google took full advantage of that in the settlement.
Hotels are tired of getting ripped off. I checked into a hotel and they had towels from my house. -- Mark Guido