First off, they haven’t been proven guilty of anything. The case is still winding through the courts and when it does eventually resolve, Apple will almost certainly admit to no wrongdoing which is how 99% of class action cases resolve.

Yes, they could have another option which is what they they give you option to not enable it. Like I said, their marketing/implementation of it was poor. Yet the end result today is still almost the same as it was at the beginning: nearly every aging phone battery is throttled except for the handful that think they know better and disable it.