I'm not sure that's the issue here. Unless I've misunderstood, what Bing is doing essentially lets them duplicate whatever improvements in results that Google innovates on. Google doesn't want Bing to reap the benefits of their hard work and money spent on improving their tech. I believe what Bing is doing is preventing Google from competing on a technical level. Honestly though, I'm still a little lost myself. There is a lot of back-and-forth going on here so it's difficult to distill the facts and weed out what is simply opinion.