The original draft settlement would have given Google sole authority over "orphan works", or out-of-print books whose copyright holder cannot be found.

在和解协议初稿中，Google独家享有处理“孤儿作品”（译注：orphan works，孤儿作品是指享有版权但很难、甚至不能找到其版权主体的作品）以及无法找到版权主人的绝版图书的权力。

youdao

Problems arise over digitizing so-called "orphan books,"

VOA: standard.2009.12.31

Orphan books - of which there are thought to be five million - are titles where the authors cannot be found.

BBC: Judge delays Google books hearing

We believe that the proper place to solve many of the case's thorniest problems, such as that of orphan books, is in Congress because it is important to build digital libraries.

BBC: Judge delays Google books hearing

Should the settlement be cleared, it will permit Google non-exclusive rights to orphan works (those without an established writer) and will give it a 30 per cent cut of books sold via Google Books, both things that authors have agreed to.

ENGADGET: Amazon, Microsoft and Yahoo unite against Google Books