It's copyright THEFT, they take something that is mine (my copyright) and transfer it to someone else (the publishers organisation). I lose, they gain.
So you own the copyright to a book in the world, it was also sold in the US. You now have to contact this book publishers organization urgently with your current contact details and claim your books because if you don't, your work gets transferred to this crappy publishers organization.
What business is my copyright of theirs?
Orphaned simply means that THEY, this organisation you have never dealt with and don't represent you, don't have your contact details, hence your work in orphaned in their minds.
There is no compromise to this, either the US respects copyright or it doesn't, grabbing control of copyright in the US by default with an opt out is a flat out trade violation and that agreement should be binned! The EU should not sit by while this happens. This covers EU works distributed in the US too.
FFS, if the Registers pages have been published by anyone in the US that would be a copyright violation. If Google scans that book of elReg musing, then that becomes controlled by the publishers organisation. Both are crooks violating copyright, but one has the veneer of court approval to hide behind.
Also consider how it is to a publisher. If Google scans it, then they are a big commercial target to go after. The publisher can go after them in the court. This 'settlement' takes away that right to protect their copyright!
Enough, in no sense is there any way, a class action settlement should steal copyright from the publishers and transfer it to a fake representative organisation!