As reported last week, the parties are already in discussions about revisions to the settlement that would address some of the concerns raised by a broad coalition of librarians, academics, authors and activists, (as well as Google competitors Amazon, Microsoft, and Yahoo), plus the governments of Germany and France.
These include worries that Google might end up with a virtual monopoly over the eBook market, reader privacy concerns, and other hypotheticals.
Besides Google and the plaintiffs, the DoJ clearly is now a player in the ongoing discussions, so it is reasonable to assume once the parties return to the court with a new proposed settlement, it will be structured in such a way as to virtually guarantee judicial approval.
For this reason, it is not at all clear that this development represents a setback to Google's plan to create a digital library of unprecedented proportions. Round One went to the opposition.
Google is still in the driver's seat to claim Round Two. After all, in the end, no one who thinks about the future of books should wish to derail the search giant's large-scale scanning effort that has the potential to bring millions of pre-digital books into the 21st Century.
You can read the full test of the filing here.