[pedanticfreak]

Why didn't Google's investigation go further? Why didn't they decompile the IE8 toolbar to figure out what it was really doing? Maybe that's against the DMCA and Google can't admit to it?

Having the evidence in code would have made the accusation irrefutable.

[jkterhune]

Agree. I have to imagine that someone at Google captured the toolbar's HTTP traffic. Maybe they're holding it back, or maybe it's the same for Google results as it is for, say, Lycos.