Perhaps, but without a proper study of their users (and potential future users), how can they infer their intent, and why should they assume that all or even most users will have the same intent? It's certainly conceivable that a user might deny Path access to Location Services (for example, to prevent the automatic location updates due to annoyance rather than personal privacy concerns, or even to save battery life), while still having no problem with including location information from explicitly posted photos.
Honestly, I think any attempts at preempting all supposed outrage like this are futile. You're always going to have someone who will complain about something in your app that works differently than they expected or intended. If Path did ignore geotagged photos, they might have someone just as outraged as this author, but for the opposite reason.
The argument that Apple should be more clear is more valid, since for them there is little downside to being as explicit as possible. This is the same position I took in the Great Address Book Debate. I don't think app developers have a responsibility to second guess the options provided by their platform (especially when their platform is as huge as iOS). In fact, I don't even think it's wise in general.