You said
It is interesting that they went with the opt-in approach pushed by "Fung and the Boys"
Don't jump on me but if I remember correctly (long time ago) this issue of opt-in was already run through the courts in a challenge against TV cable companies. What they did was they automatically raised the fees for extra channels to all subscribers and told later that if the did not want the extra channels they can call the cable company to cancel. This is an OPT-Out.
There was a huge challenge by advocates that said. No you can't do that. If you want to offer new channels you have to ask us first. Opt-in.
The court ordered TV cable companies to notify customers to opt-in if they wanted the channel. This Opt-in clause was easy for Tenor to adjudicate because there was already a precedent.
You can see which binary condition is the most advantageous either way. Back and Fourth.