I might be biased since my experience with data analysis gives me an above average internalization of the concept of "in aggregate", but I disagree with this assesment. The fact is, as a matter of aggregates, by my demographics [0], I am "in aggregate", more likely to be a drug addict, rapist, misogynist, and terrorist. There are some people who do hold these aggregate statistics against me personally, but they are very rare (or at least, avoid the circles where they will see me); and I would not suggest that any who observes or discusses these aggregate traits holds them against me personally.
The beginning of the memo spends a paragraph (and illustrative diagram, which was removed from in the original article) making this exact distinction.
>excepting the fact that Google's lawyers are probably the better lawyers in a legal tussle.
Google's lawyer's are probably also willing to settle out of court. I doubt there will be a trial unless he want "unreasonable" compensation, or to make a political point.
[0] Based on my current understanding; I have not verified any of these beliefs.