Just playing devil's advocate, but look at the UI. The box I saw says "CAPTCHA" and "type these two words". So the argument for fraud would be that 50% of wor

Just playing devil's advocate, but look at the UI. The box I saw says "CAPTCHA" and "type these two words". So the argument for fraud would be that 50% of words Google solicited under the guise of CAPTCHA were actually used for the sole economic benefit of Google's other services. Maybe on a count for fraud the plaintiff's can't prove that they would not have created a Google account having known the 2nd word was not for CAPTCHA; however, the Plaintiffs could certainly prevail on a unjust enrichment claim. As the company who invented the anti-trust defense "competition is only a click away", Google should equally be capable of acknowledging there in absolutely no burden on Google to create 2 boxes for new users, one identified as CAPTCHA, and the other as a crowd-sourced word to be used for Google's other services.