[tomswartz07]

The other thing to note is that they've changed the terms during an automatic update.

The terms that they changed had several opt-out (as opposed to off-by-default opt-in) features that are mentioned in OP's article.

[drdaeman]

So, Microsoft did unethical but legal move.

That's almost exactly what he said - Legally, user is at MS' mercy, ethically that's not OK.