[bleah1000]

That case could still be appealed and overruled. And then it could go to the Supreme Court, which would likely take years to resolve. Better to be safe than sorry, rather than hope that the case will stand.

It also doesn't fix the problem where a number of contractors sue you even if they might be wrong. It could very easily be a class action lawsuit like the one that cost Microsoft a lot of money. They could use those rules as a start and then throw a few other things together such that Google thinks it might have a problem in court and wants to settle rather than risk getting sued by every single contractor.