> what it either does now
Spyware is defined (Google) as "a form of malware that hides on your device, monitors your activity, and steals sensitive information like bank details and passwords." Please furnish any example of Microsoft stealing sensitive information like bank details and passwords via VSCode.
> perhaps is reasonably likely to do at some time in the future
An imagined hypothetical does not help your argument.
Well, yes, of course Google would say that. If you ask DuckDuckGo to define spyware, it offers these:
> Software that secretly gathers information about a person or organization.
> programs that surreptitiously monitor and report the actions of a computer user.
Which of course is exactly what VSC does.
Also, if software with telemetry is spyware, there is no mainstream browser clean. Feel free to use forks like Tor Browser or VSCodium if you like, but expanding the scope of spyware unreasonably only gonna cause confusion to average people.
And if it causes confusion -- good. There should be more public confusion on this topic, especially in the realm of "Why does this free program need to know all of this stuff about what I'm doing?"
It's not that answer is "no gathering information ever," it's "providers of a program ought to be compelled to fully and clearly disclose to all what information it is grabbing and what it is doing with it."
And that's emphatically not where we live today.
They've already done it a bunch. Are you naive enough to 100% believe their pinky swears?
https://www.gnu.org/proprietary/malware-microsoft.en.html
gnu.org not reputable? Hey, no worries, it's an ENORMOUS ANNOTATED list. Have fun.
I mean, sure, if you want to avoid log4j from happening, you can write all of your software from the ground up in-house with no third party dependencies (or audit every line of code for every third-party program you do use), but I don't see how that's relevant to a discussion about whether VSCode is compromised to a degree that other editors aren't.
Maybe a little extra caution is warranted.
I would fall back to the softer "telemetry" ONLY IF they were to provide some sort of genuinely reliable affirmation that it's not spying, which I don't think they could do today absent legal or other generally obvious incentive.