Ah telemetry - you mean software that sends back information about what I'm doing to some 3rd party? Unlike spyware which is software that sends back information about what I'm doing to some third party.
I said this to someone else, but spyware is defined (Google) as "a form of malware that hides on your device, monitors your activity, and steals sensitive information like bank details and passwords." Please furnish any example of Microsoft stealing sensitive information like bank details and passwords via VSCode.
Why does Google get to decide that software has to "hide on your device" and that it has to steal banking information or passwords to meet the definition of spyware?
No one stops you from using VSCodium. But associating a software with spyware (a black/white action) should not but tied to how much telemetry (a spectrum) they collect. It's about what type of data they collect and what they do with the data. If they deliberately use that data to cause any damage (black/white), you can call it spyware. But if they only use that to improve their software, no, you shouldn't.
There have been reports that the "telemetry" is sent after a user takes the actions to disable it.
That means that a user has information about them reported in a way that is:
1. against their will
2. without their knowledge
That is spying. The software that does it is spyware.
Whether or not they intend to use it for anything other than improving the software - if they secretly take data from me without my consent, it's spying.
Whether or not you think it's OK for them to take data, if they do so without my consent, it's spying.
Whether or not you really like VSCode, if they secretly take data without my consent it's spying.
Software that spies is spyware. It's that simple.
Trying to haggle in the margins of one definition of a vague term is not a very strong argument to convince me otherwise.
Also: about the first part of your comment - I stop me from using VSCodium. I'm not interested.
Totally different, got it.