Malware isn’t defined by its privileges but what it does.

Correct... and anything that intercepts all system calls and forces closed applications that it deems "not safe" even if I the user specifically run it is malware. You bet your ass they feed back information to the mothership too.

And btw, if you're accepting the "Spyware" moniker from the other comment chain. Spyware is a form/category of malware.

Definition from Malwarebytes:

Hostile, intrusive, and intentionally nasty, malware seeks to invade, damage, or disable computers, computer systems, networks, tablets, and mobile devices, often by taking partial control over a device’s operations.

Hostile - it's not meant to help you at all. If you're doing something deemed "unsafe" in their eyes. They will take action up to and including stealing your money that you paid for the game. intrusive - embeds itself in the kernel Intentionally nasty - Well it's not accidentally nasty.

invade - attached to games with little to no input on what you're installing. disable computer systems - specifically the software you paid for Taking partial control over a device's operations - the whole fucking kernel.

I'd say meeting the VAST majority of the definition and at least one portion of each category is sufficient to call them all malware.