In his monthly newsletter Peter Suber discusses the implications of the amended Google Books Settlement for Open Access:

http://www.earlham.edu/~peters/fos/newsletter/12-02-09.htm

I have spoken on this topic at Konstanz on the OA conference as some will remember. My main interest was author-side OA via Google (like the Urheberrechtsbündnis).

For monographs there is one solution in the near future using that what Suber calls the "formal partner program". If I know the disadvantages of being a formal partner I will give a report as soon as possible.

Authors which are rights holders can send Google their books (or offprints) or PDFs. Because I thought it would be silly to scan already scanned books (which Google shows only as snippets in the library program) I did'nt register some weeks ago. Google told me that it isn't possible to use the library scans for the partner program. But negotiating with HathiTrust in the last days (I have the online rights for two of my books received from the publishers) on the second book I was told it would be better to make these books free via Google, and thus I am since yesterday Google partner and part of a not yet published pilot program. Google is working "with a small number of rights holders to allow them increase the viewable portion of their snippet view books". Thus I am waiting that Google makes my books free with the choosen download option ("It may take some time to launch the books under your preferred settings, so I appreciate your patience", I have read today). If the second book (already OA at Frankfurt University's GINDOK) is free in Google Indiana University can make it also free in HathiTrust (the first book is already free: http://archiv.twoday.net/stories/6051775/ ).

If a rights holder wants OA (or libre OA using a CC license) via Google for his book this would be a nice way in my opinion. (Please note that I could not use the CC option because I have only the online rights, and CC also concerns print.)

For the inserts and journal articles I cannot see such a solution. But an author as rights holder can as Google partner send offprints or PDFs to Google. I do not have any experience with this (remember that I am partner since yesterday).

I will keep you informed!

Update:
http://books.google.de/books?printsec=frontcover&id=PoAgAAAAMAAJ#v=onepage&q=&f=false