The EULA for it is the same, but the underlying system is totally different. I am 100% sure about this :-)
But, as you noted, a lot of the telemetry instrumentation has been backported so that argument is lost for someone wanting to avoid upgrading to Windows 10 from an earlier version.
But, as you noted, a lot of the telemetry instrumentation has been backported so that argument is lost for someone wanting to avoid upgrading to Windows 10 from an earlier version.