Opt-in vs Opt-out Marketing: Why the Free U2 SOI Album Upset so Many People

With iOs 8, Apple thought it was gifting a album to the entire itunes community. However, it appears that music is deeply personal, and fans did not appreciate an automatic download AND install to their iphones without permission.   Although free, this caused such an uproar that apple had to issue a tool to uninstall the album.

Some programs like organ donation are opt in where they could and should be opt out. And other programs with technology are position so you have to opt out for a variety of reasons.  Apple in this case believed they were gifting something to fans, where as that gift was ill received.  A gift is not received as a present if it’c considered an invasion of privacy. 

When is an opt in vs. opt out strategy appropriate for a platform update?  Also, does a publisher ever have the right to gift you digital content without your implicit approval?