The following from The Fiction Circus:
T he Internet Archive has filed a brief against Google hoping to challenge Google’s settlement with the “Author’s Guild” on the grounds that the Internet Archive has just as much right to protection from infringement claims on out-of-print “orphan” books as Google does.From the Archive’s letter to Judge Dennis Chin who is presiding over the Author’s Guild settlement. …
“The Archive’s text archive would greatly benefit from the same limitation of potential copyright liability that the proposed settlement provides Google. Without such a limitation, the Archive would be unable to provide some of these same services due to the uncertain legal issues surrounding orphan books.
Dear Author also has a summary with a roundup of relevant Settlement articles.