For a start, user could be notified that he can install that system, instead of getting a laptop with such software preinstalled. I don't really see a reason to have this installed when users are not aware of it. How many people go to the producer after their laptop is stolen and ask "Have you by any chance installed some laptop tracking software on my laptop by default? I cannot identify my laptop anymore in any meaningful way - it's one of toshiba ones." ?

If the user isn't aware of it, it's useless. If the user didn't agree to the way it's done, it's pretty much an illegal spying device.

Yeah, correct. But what if some Absolute's employee turns out to be dishonest? A non-removable process, not detected by most antiviruses, that listens to the commands from the Net... Seems like a botnet to me.

When we asked this question in the context of the laptops at the big enterprise that I worked for, the response from Absolute was "most of our employees are ex-cops, so that isn't a problem".

Wow. Even setting aside the question of whether all cops are trustworthy, one does wonder why they are "ex" cops.

Why should something like that be present/active without the owner's knowledge and consent?

It's not the sort of thing I'd allow to run on my machine.