This is a follow up on this popular question. Microsofts EULA terms for Windows 10 clearly state that Microsoft may update their software without the users explicit consent for each update. On the other hand it is illegal in general hence also for Microsoft to install new software on the computer without the users consent. This raises the question what counts as an update of say the operating system and what doesn't.
Suppose Microsoft decides playing poker should be a feature on every windows machine and with the next windows 10 update installs a poker game that wasn't there before. It seems to me that this would clearly count as installing new software which would require explicit user consent. But if Microsoft just calls this an update of Windows 10 they could claim they don't need user consent. In my interpretation Microsoft used that tactic to force install a new web browser as part of an operation system update.
Is there some legal guideline here or is that a distinction that would have to be resolved in court on a case-by-case basis?
