Well, if one is willing to one-up a fellow human like that, one is a bad person. But you don't need Jawbone data to do that, there are plenty other ways. Honestly, the problem in your example isn't the data.
You're correctly describing the state of the world, but my indirect point was that we should stop accepting such behaviour in business and shun people who do. It's stupid and wrong.
So what? Time and time again things that would make you a bad person are silently accepted as normal or even expected of a business.