Opt out is portrayed as a choice when it barely is. Because it is very tiresome to always research what avenues exist and explicitly opt put of them and then constantly having to review that option to make sure it isnt flipped in an update or another switch has appeared that you also need to opt out of.

Maybe you need to set an environment variable. Maybe that variable changes. It is pretty exhausting so I can understand people giving up on it.

Is that really giving up on it though? Or are they contorted to it?

If you do anything on the radio without the users explicit consent you are actively user hostile. Blaming the user for not exercising his/her right because they didn't opt out is weird.