I disagree - they are correct because once collected, the data is fed into a blackbox, and a user has no way of knowing if the data collected is - by your defin

I disagree - they are correct because once collected, the data is fed into a blackbox, and a user has no way of knowing if the data collected is - by your definition - spyware or telemetry. The beat way to treat this Schrodinger's telemetry, is to assume it's spyware.