Man, this settlement is awfully complex....
I can't tell from the FAQ if the term "Commercially Available" is based on certain sovereign boundaries, or if the agreement has any force in Europe. I would assume Google will need to modify the text of the Settlement to extend the "Commercially Available" category to cover books that are in-print in Europe but not the US, in which case it would be permanently binding.
Also, while
this settlement is exclusive to Google, it does not grant Google exclusive rights to scan, store, share etc out-of-print books. But it is unclear if another company that engages in a similar scanning project would automatically be granted the same rights as the Google Settlement, or if it would require a whole separate agreement. Yet another reason why this would probably be better off legislated than settled in court....