I actually think that's less accurate. Google on the server side isn't in any preferential position, better or worse, than any other server-side analytics.
That's why I think this lawsuit is such bullshit, in that many of the "recommendations" in these comments are saying Google server technologies should specifically get called out (or worse, notified when a user is using Incognito Mode, which actually would be a gross privacy violation), when the whole point is that Chrome's Incognito Mode isn't any different that Safari or Firefox's Private Browsing, so why should Chrome call out something about Google's specific server-side analytics?
Google on the server side can see that you are using incognito. It could choose not to track you out of respect for the choice it knows you made. It instead does the exact opposite.
> Google on the server side can see that you are using incognito
No, that's the whole point, Google on the server-side (or any other server-side components) shouldn't be able to know you're in Incognito. Chrome already goes to great lengths to try to hide the fact you're in Incognito to servers, because many servers try to block content if they could detect you're in Incognito.
So the only other option would be to only let Google server-side services know you're Incognito, and that actually would be a gross violation of privacy.
All they need to do is to add a note under servers to say "including google's, which will do their best to deanonymize you" and the lawsuit will have no merit.
That's why I think this lawsuit is such bullshit, in that many of the "recommendations" in these comments are saying Google server technologies should specifically get called out (or worse, notified when a user is using Incognito Mode, which actually would be a gross privacy violation), when the whole point is that Chrome's Incognito Mode isn't any different that Safari or Firefox's Private Browsing, so why should Chrome call out something about Google's specific server-side analytics?