The lawsuit only applies in the US.  This was taken from the article,
and an explanation of the 'different types' of books:

Because this agreement resolves a United States lawsuit, it directly
affects only those users who access Book Search in the U.S.; anywhere
else, the Book Search experience won't change. Going forward, we hope
to work with international industry groups and individual
rightsholders to expand the benefits of this agreement to users around
the world.


This agreement helps define how our users may access different
categories of books on Google Books.
In-copyright and in-print books
In-print books are books that publishers are still actively selling,
the ones you see at most bookstores. This agreement expands the online
marketplace for in-print books by letting authors and publishers turn
on the "preview" and "purchase" models that make their titles more
easily available through Book Search.
In-copyright but out-of-print books
Out-of-print books aren’t actively being published or sold, so the
only way to procure one is to track it down in a library or used
bookstore. When this agreement is approved, every out-of-print book
that we digitize will become available online for preview and
purchase, unless its author or publisher chooses to "turn off" that
title. We believe it will be a tremendous boon to the publishing
industry to enable authors and publishers to earn money from volumes
they might have thought were gone forever from the marketplace.
Out-of-copyright books
This agreement doesn't affect how we display out-of-copyright books;
we will continue to allow Book Search users to read, download and
print these titles, just as we do today.

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