"The proposed settlement gives Google rights to scan and provide online access to millions of books, many of which are out-of-print or otherwise not commercially available." (Note that out-of-print =/= public domain.)
"The Settlement Agreement uses the term Commercially Available, which generally means that a Book is in-print. If a Book is not Commercially Available, that means, in general, that it is Out-of-Print. Google is authorized to make Display Uses and Non-Display Uses of each Book...
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