Well yes there is a hard link happening between a google search result and a link being clicked, however googles argument isn't as strong if it turns out bing is doing this for all search engines. It might be that they aren't targeting google specifically, but instead they're targeting all search sites generically.
Google doesn't really want to get into a heated discussion about the evils of a search engine knowing everything you've ever searched for. Stones, glass houses, etc.
(Given Google's near-monopoly of the market, Microsoft and DDG have some amusing competitive synergy going on, don't they. DDG can criticize Google all they please for retaining user data because DDG doesn't and isn't in a position to benefit from it. Microsoft, which certainly is in a position to benefit from it, doesn't need to worry about Google calling them on it because Google is the only search engine that can actually lose market share over the issue.)
For all Google’s sins, there is a Dashboard that let you erase all you care them not to know: Google could promote that heavily in case of stone, glass house. I always assumed this would be a great way to learn more about queries: spotting what words people are ashamed to have searched for.
It could be something a registered user could set from a browser toggle, and DuckDuckGo is a very good project, or course. My point was: data portability and user control are within Google's long term interest, not being evasive about their data cache.
This is what all toolbars do, and is largely the point of why big companies offer them and pay little software companies to make them optional installs (see Corel's WinZip, which installs the Google toolbar)
Let’s agree “not hiding” is what is in the demo video. TOS… we all know they could add that you sell the soul and the virginity of your mother in there, no one would read it.
It only records that when the user has explicitly agreed to send anonymous data. chrome and Google toolbar do that too and so do most of the toolbars out there.
I think this would still leave Google with a fairly strong argument - if Bing does it for all search engines, then they're effectively copying whoever is most popular. Since it's done through Internet Explorer, which is still bundled with Windows in most places, they could try to make the argument that Microsoft is using their position in the OS market to crush competition in other markets.
Interesting angle to go through the tied market and competition policy: that's a type of authority that is far more intelligent, and precisely just prosecuted IE in Windows. However, you'd have to either have a US court acknowledge that a European was right to disagree with them in the first place, or have a European court admit that their previous decision wasn’t enough. It’s feasible, but hard.
Where you’ll be more limited with it, is that it’s apparently not IE, but the Bing Bar that is at stake—the connection is getting thinner.
