1. Orphan works revenue (unclear whether this is gross or after Google has taken a cut) are to be held for five years. And then used to try to find copyright holders. And five years later distributed to charities.
Rights holders can currently exploit their works any way they wish. I have no objection to them getting Google to help, if they give permission. It's the use without permission that's the problem.
2. You may like that to be what the agreement says, but it doesn't. Right to use orphan works is limited to Google.
A class action suit is not the right way to solve problems with current copyright laws.