I get that and I'd accept the ruling (going to the highest possible court because this is kind of important for them). I'd just use it as a good opportunity to de-index a troubling site without any of the potential legal issues that could come with that (unfairly discriminating against said site or whatever).
I think the underlying issue is that Google strenuously avoids taking responsibility for their services. This kind of thing could be handled quickly by a modest customer service group but they don’t want to set the precedent that they do that sort of thing short of a lawsuit.
