You’re making a good argument here. And you might just be right. You’re saying that website owners should be legal-politically responsible for typical privacy risks incurred by users if they are using popular browsers. And perhaps that is the right way to go.

However, what strikes me is that the court hasn’t even seen this problem at all. Your train of thought - that the request was issued from the user’s browser, but that the site owner was essentially in control because he essentially tricked the user into sharing his information with Google without being asked - is just not being discussed at all.

It might be very well that the end result is just. But then it would be a case of the blind chicken finding a grain.