No, the book is still in print. I guess I didn't understand that part, and they definitely scanned the book. I'm fine with a partial scan being available, as I said it's like a free sample and helps to drive sales. But it's such a great big scary rights grab that I just didn't want to be part of it.
ETA: According to
this Teleread post, the settlement class includes the author of any book published prior to January 5, 2009. I'm a member of that class. I might not have been eligible for an orphan-book payment, but that's okay because I want no parts of this.