However, the fact remains that I make my living in the field of software development, and as such, I don't have the ability to refuse to use the majority operating system purely out of principle.
That's the biggest problem, Windows has a de-facto monopoly which you cannot easily (or at all) get around.
The government spies on people via their telephone calls. Have you stopped using the telephone? Or switched to prepaid burner phones that you rotate on a weekly basis? If not, I'd say you are being a tad hypocritical about Windows telemetry.
Here, I don't agree. I do of course still use a phone, but this doesn't compare, in at least two ways.
First, you decide whether you use the phone at all, when you use it, whom you call, and what you say on the phone. In my case, there is nothing I say on the phone, that I would deem necessary to hide (except as a matter of principle). But the point is, I
could have secrets that I don't want anyone to know, and I
would be able to keep them secret, simply by not talking to them over the phone.
With Windows 10's espionage features, you do not have that choice. You do not decide when you send something over the network, or what, or to whom. Now of course you might say "but if you don't have any terror plans on your computer in the first place, you need not fear". That's wrong. You also need to fear if you have anything personal on your computer, or anything business-related, or anything of a dozen other categories, none of which are unlawful in any way.
Got an entirely legitimate explicit picture that your girlfriend gave you? Right, who cares if some wanker at the Microsoft datacenter who is bored during night shift browses user files
because he can. Who cares if he uses the picture to jerk off. Maybe he's more pervert than that, well good job that he will find her address in the cloud, too. Who cares if he uploads that photo on some shady internet site.
Who cares that you did three researches for prostate cancer on the internet last week, using a private browser and an anonymizing proxy (except Windows also logged your keystrokes!). Sure, nobody cares,
except maybe your private health insurance who will pay a company like MS to provide such information ahead of time so they can terminate the contracts of people who are about to get cost-intensive interventions.
You could as well have brought up Facebook (which I'm not using) instead of owning and using a phone. People nowadays post a lot of sensitive information on there, which goes beyond my comprehension. But either way, it is their own fucking decision to do that. If you are just stupid, then well... nobody can help you. But you hardly get around using a Windows computer for work (surely for development, anyway).
That's difference #1. Lawful, innocent people have a lot of entirely legitimate reasons to keep secrets and not have the entire world know every detail about their lives,
and they can keep these secrets despite using a medium like the phone (or Facebook) since they are in control of disclosure or non-disclosure. Simply don't post on Facebook what you don't want everybody to know. It's your responsibility, and that's only fair since it's your life.
Now to the second, equally important difference.
Let's assume that I am indeed a dangerous criminal or terrorist, or worse: a socialist. If someone was a criminal, I would not just tolerate, but I would even
want governmental forces to wiretap this phone, and I wouldn't want them to stop there. After all, it's their job to protect the citizens from harm. It's their job to protect
me from harm. At least, that is what it should be.
But there needs to be a reasonable need that justifies doing this, and
before they wiretap my phone (or anyone's phone) they must have fucking compelling evidence that I'm almost certainly a bad guy. It is not OK to do this with people who are innocent, under no conditions.
There is no such thing as "Alright, let's just eavesdrop on everybody, maybe we find something...". This is Gestapo procedure, and strictly not compatible with the spirit (and laws) of nations that call themselves "free" and "constitutional state".
Now, what Microsoft is doing, they're doing that exact thing but they're a privately held company. They are not even a governmental institution which might have an excuse like "uh... keep up civil order, prevent terror strikes...", and they have no controlling mechanism whatsoever. They do just what they want, and they do it because they expect to make some extra money from it.
They have no legitimate reason whatsoever of looking at your activity or even your files, and they are exploiting their de-facto monopoly.
Besides, I am convinced that their EULA is
contra bonos mores, which means that what they're doing is not only
wrong, but also strictly illegal. Maybe not in the USA where you can seemingly agree on pretty much everything, but surely in the EU.