Regardless of prior art
No patch is ever decided by the server to be sent to a remote unit. The remote unit may not be connected to a network or even switched on. Patching is always performed be the remote unit checking to see if the server has a newer version available and if so it requests a pull of the patch.
Apart from it being inconvenient for a server to randomly update your software when it is vital that you get that last report done before the deadline, it would be illegal under various computer misuse acts around the world.
Much as I hate lawyers, I really hope the big 3 have racked up enough legal costs to make this troll bankrupt.