Google has rights to a gazillion out-of-print books, people freak in expected manners, Globe article here.
One of the things that came up in my library automation class is the place of database aggregators in the marketplace. There are lots of databases out there, and it’s not realistic for every library to negotiate contracts separately with every database it might want, so you get these organizations with the clout and capacity to negotiate these bulk deals and resell them to libraries, who then only have to (and only get to) negotiate with one vendor.
The case of out-of-print books seem similar: many of the people and institutions who might be interested in having access to some of them don’t have the know-how, time, money, etc. to negotiate those rights. So one of the few organizations that does have the ability to do so on a grand scale, does so — and immediately you fall into problems of monopoly.
Which raises the question of whether there’s anyone who actually *can* get those orphan books to the light of day, some entity living in a narrow slice between practicality and regulation.