Microsoft did do it, they found no profit in it and quit. Google is still not making the full text of books available, although I'd guess long term that would be the smart move for authors. You'd go straight from search to purchasing an ebook in a click.
I'm not sure but since this ruling took place in higher courts, lower courts now have a precedent set. Similar cases will tend to lean this way, unless exceptional circumstances.
It's probably worth mentioning that this is a decision made in a specific circuit but the general point still applies.