"Yes. You are an infringer," because you made a copy.
I suppose I should check but does a copyright holder sue in tort? If so they have to show damage. If they can't show damage (at least in the UK) they aren't going to get anything. I suppose they could seek an injunction but that would be a waste of money because Google say tell us if you want to opt out. I'd hope any court on that basis would make the copyright holder pay the costs of getting the injunction.
What would be great is if the defense showed the copyright holder (Claimant) had profited by the search inclusion and the Claimant was therefore ordered to pay everything they benefited as anti-damages. Basically saying if you sue for damages and it turns out you had actually made a profit the amount of damages is actually a negative and the only way to cancel a negative is to pay out in the direction that results in a balance.
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