I think the difference between the use of a toolbar or analytical code, is that Microsoft will spend a vast amount of money to develope the toolbar or system to track the analytical code, their own money, taken off of their bottom line. When they start "scraping" the SERPS of a competitor, the most they have invested is the man power to design something to mine that data (toolbar).
It's an easy way out to say that Google collects data from users through search terms and chrome and various other toolbars or analytics.
I'm curious though, are the people that are excited (albeit hesitant) that Google is attempting to purge the index of scraped content (which has been discussed here at WebmasterWorld quite often) the same people that see no wrong with Bing scrapping Google's results?
@mrguy Danny Sullivan is probably one of the most knowledgeable people concerning the search industry, and has long been involved with numerous people from every engine out there. I'm pretty sure that if Danny calls a company out in public, whether its Google, Microsoft, or the New York Times, CEO's of those companies will listen, because he's so impartial. Knowledge and experience gives a different perspective my friend. But hey, keep coming back..