Apparently, Harvard University and the Harvard University Libraries are not happy with the Google Books settlement.
Harvard was one of the original Google 5, but was only allowing Google to scan public domain works. They were waiting for the outcome of the publishers’ lawsuit to decide whether they would allow Google to scan copyrighted items from their collections. According to University Library Director Robert C. Darnton, “the settlement contains too many potential limitations on access to and use of the books by members of the higher education community and by patrons of public libraries.” So, Harvard will continue their practice of not allowing Google to scan books that are in copyright.
Also discussed at Open Access News.