Simply put, Google can NOT afford to have public opinion turn against their opt-out model. Their whole vision depends on opt-out.
But think about what a week or two of stories like this will do. Opt-out will become synonymous with evil. Then how dows Google Book's stance to authors look? How do all their other auto-data collection techniques look?
Google depends on opt-out to their very core, down to robots.txt.
They can't afford public opinion to turn against that, and it's going to if they don't move fast.