I hope you'll pardon my moralizing for a moment. "Everybody is doing it" is almost never a good reason for "doing it".
Jim's original concern is, he didn't want to be accused of being "spyware". Since all major software sold today checks for updates, or at least makes the user aware of the point difference between their own version and the currently available version, this confusion is now unlikely.
If we can't convince Jim that it's the "right thing to do", then it isn't the right thing for Jim to do.
What's right, is to make it as easy as possible for customers to buy, use, and update the product, and do all of that without doing anything unethical. We just have a disagreement about what's ethical.
Sales of Marine Aquarium 3 are about 5% of Marine Aquarium 1. I don't think it's apathy.
I have no illusions that Jim will implement any ideas I present. After 9 years of trying, I don't expect him to start now.