I think that's not just a nitpick - it's a misuse of the word. "Opt-in by default" should just say "opt-out". You can see the same misunderstanding, I think, in

I think that's not just a nitpick - it's a misuse of the word. "Opt-in by default" should just say "opt-out". You can see the same misunderstanding, I think, in the strapline of the article.