I've just been doing some research, assuming that this controversy is being looked at by many people, and am getting the beginnings of some understanding.

I began with this search

I read this story about The Bodleian and Google's relationship with them and other 'sources', and it's obvious the project has a LONG way to go, both in scope and legal wrangling.

Take a look here http://www.medievalgenealogy.org.uk/google.shtml as these folks analyze the situation.....and note down the page that they suggest a solution much as SRS comments on.

Evidently, Google is being cautious with copyright laws in various countries, while continuing to acquire the scans as fast as possible.
At the very least, we will have more information about where to find information, as well as a gradual increase in direct access.