The update section in that link makes it even worse. Mr. Morin is stating that technically he was right because Path.com wasn't collecting data at the time he was interviewed. Which means this was a calculated move to add this "feature" at the behest of a something (a VC or an itch to increase the feature-set maybe?). A facing saving gesture at that point might have been a blog post detailing the change in privacy policy/ToS. An apology now means little to me.