I think we are talking differently about this permission concept. Legally yes, they had permission. But the fact that they used those dark ux patterns to request that permission should not be forgotten. Even though legally they are in the right, we as users should make this fact irrelevant and just abandon the platform. Let them be right, let them win the argument but lose the battle with the general public.
Just wrote about it here: http://www.tnhh.net/posts/shitty-by-default.html