Hissingsid - 9:40 am on Mar 2, 2012 (gmt 0)
I don't think EU will win except if they show that Google is using data collected before new policy was published or they can show opt out is not easy enough. If you tell people that their data will be shared and they don't opt out of that then it is OK to share.
The issue is that they didn't tell us previously and they don't make it easy enough to opt out. If they just start collecting data now and make it easier to opt out they will be OK.