I agree with this assessment of Google's refusal to comply with the DOJ request (via Rob). Google's brand is built upon the "do no evil" meme. They've been able to do things in the past that someone like Microsoft couldn't do simply because people trust Google for some reason. Unfortunately, the public trust of Google has eroded a bit over the past year.
So, regardless of how this plays out, I do think it's a brilliant move from a marketing perspective.