Though Google's plan of millions of online books has been praised as it expands an access to the books, yet the department of Justice advised the U. S. District Court for the Southern District of New York that class certification, copyright, and antitrust issues should remain in a court filing.

The Justice Department criticized the agreement for requiring authors to "opt out" of having their books digitized, when copyright law usually requires that authors approve having their works used.

Although the amended settlement agreement for Google's Book Search addressed some concerns the U. S. Justice Department had, it still could give the company anticompetitive advantages in the digital book marketplace, the agency said on Thursday. A hearing for February 18 has been scheduled by U. S. District Judge Denny Chin. Google mentioned in an email statement, "We look forward to Judge Chin's review of the statement of interest from the department and the comments from the many supporters who have filed submissions".

Google has eliminated non-English language books and had to deal with the critics like Yahoo Inc, Amazon Inc, Microsoft Inc, the National Writers Union and Consumer Watchdog.