Headline is misleading. They do have consent. This is one reason I don't allow automatic updates. MS statement: "For individuals who have chosen to receive automatic updates through Windows Update, we help upgradable devices get ready for Windows 10 by downloading the files they’ll need if they decide to upgrade."
Should we call it uninformed consent? tricked consent? non-binding consent?
If we want to use legal terms, is 6G download ordinarily and reasonably to be contemplated by the user?