I had a front row seat for this test. I believe the experiment we ran provides conclusive proof. I'm on a panel with a representative from Bing later today and I'll ask Bing about this directly.
It's embarrassing for Google to complain about this. You FINALLY get a little competition on your turf and you try to make some big issue that, as a market leader, the product you produce is being watched, analyzed and in some ways incorporated by your competitor. There is no victim here. They are not taking your 1st result and copying it. They are taking the result the user clicked. Obviously you didn't predict that…
This is disgraceful attention-whoring on Google's part. Quite surprising, too, as I don't remember them ever stooping that low.