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It is entirely optional, and don't fit normal definitions of "spyware".

You mistakenly assume this feature which by default requests your google login for sync will be understood by users as this, when they open their browser and see "Log into google". Much more likely is that your casual user will think they're logging into Gmail.

This is a dark UX anti-pattern, using the same technique as a regular scammer or phishing site.

Google is absolutely, horrifyingly into evil territory here.

I think what Win8.1 does with pushing you to use MS accounts during OOBE is a much worse dark pattern than this.

"I think hanging someone is worse than just giving them poison."

I don't particularly care about this spyware debate but I can't see how something bad being better than something else bad bears any relevance unless we are talking about choosing between two bad options.

The vast majority of "spyware" and "malware" these days has a big long page of EULA legalise that makes the tracking totally optional too.

People clicking the "I agree" button on a EULA is not consent.

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