I think you misunderstood what's sent to their servers in that case - see my other reply[0]. Now you might still consider this spyware (the EFF did classify this sort of scanning as spyware in 2005 [1]) but it looks like this is the status quo for anything that's not a game store to do running game detection.
0: https://news.ycombinator.com/item?id=26884448
1: https://www.eff.org/deeplinks/2005/10/new-gaming-feature-spy...