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Google used laptops running IE with Suggested Sites AND Bing Toolbar installed. At best Google can prove that Microsoft uses browsing habits to improve its search engine, an action you agreed to in the terms of service when you ran Suggested Sites and installed Bing Toolbar.
A user performs a search using the fake keyword (which Google employees did) and then click on a link (which the Google employees also did). Bing records the search term and the link the users clicked on. That's not directly copying Google's results. Yes, it does indirectly copy Google's results, but the data is built primarily on user actions.
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