It is probably best not to comment too often on the Google Book Search controversy as it has many twists and turns. This Google Book Search article by Wired and many other publications suggests that the U.S. Department of Justice's opinion will likely delay a federal court ruling:

The Justice Department, which began looking into the proposed settlement over monopoly concerns, suggested that the settlement seeks such broad changes in copyright law that the court needs to be very careful and should reject the current version.

From the DOJ's web site news article on the Google settlement:

"Given the parties’ express commitment to ongoing discussions to address concerns already raised and the possibility that such discussions could lead to a settlement agreement that could legally be approved by the Court, the public interest would best be served by direction from the Court encouraging the continuation of those discussions between the parties and, if the Court so chooses, by some direction as to those aspects of the Proposed Settlement that need to be improved. Because a properly structured settlement agreement in this case offers the potential for important societal benefits, the United States does not want the opportunity or momentum to be lost."