That's yoo generous of a definition. I would prefer if the software I used didn't crash, or have any bugs, but mistakes get made sometimes. By your definition,

That's yoo generous of a definition. I would prefer if the software I used didn't crash, or have any bugs, but mistakes get made sometimes. By your definition, that's malware. I would say malware is software who's primary focus is to do things the user wouldn't like. A game checking DRM licenses isn't malware as it's not the primary purpose, just an annoying aspect.