That is true. However, in the link provided, Apple defines x,y, and z and users agree by installing.
If a customer is not going to take the time to read what he or she is agreeing to before buying a product or updating a product via the manufacturer, I believe he or she should look in the mirror first, and put blame where blame rightly belongs, instead of always looking to blame someone else.
Apple not acting in a manner equitable to expectations of MR regulars does not necessarily constitute fraud on Apple's part.