The current system highly incentivises sufficiently large corporations to embrace the Nike principles: Break the rules, fight the law

The worst case scenario, if you lose a game stacked in your favour several times in a row, you pay a pittance, or performatively correct a now-obsolete injustice.

VScode telemetry will remain opt out because it yields very valuable information. Microsoft is not a democracy, and the outcry here is less than a rounding error, a footnote in some internal director’s morning agenda.