Yesterday, I updated my version of iTunes to 6.0.2, at the recommendation of Apple's Software Update program. I noticed immediately that iTunes had a new pane in the main window -- the "Mini-Store" which showed albums and tracks for sale by the artist whose song was presently playing.
The question is: how does Apple know which version of the Mini-Store to show you unless iTunes first transmits the current song that you're playing to Apple? I've turned off the Mini-Store, but a look at Apple's site, the iTunes license, and the iTunes documentation does not state whether this turns off this spyware behavior, or whether it merely causes iTunes not to show me things to buy based on the track I'm presently playing.
I love iTunes because it's a clean music player. But no amount of clean UI is worth surrendering my privacy for -- I wouldn't buy a stereo that phoned home to Panasonic and told it what I was listening to; I wouldn't buy a shower radio that delivered my tuning preferences to Blaupunkt. I certainly am not comfortable with Apple shoulder-surfing me while I listen to digital music, particularly if they're doing so without my meaningful, informed consent and without disclosing what they intend on doing with that data.
At very least, Apple must deliver information about whether iTunes gathers and transmits your data when the Mini-Store is switched off, and about what it does with the data the Mini-Store transmits when it's loaded.
Each time you play a different song, the MiniStore features information about the artist currently playing, as well as "Listeners Also Bought..." Here's a full size capture of Apple marketing in action: as you can see, I'm playing Mary J. Blige covering U2's "One", and the MiniStore shows other albums from Mary J. Blige and U2.Link (Thanks, Marc!)