I tend to call software that tries to trick users into doing things they explicitly do not want to do malware, but that's just me.
Edit: Intentionally forces the system to a state where functionality is unknown (as opposed to breaking the system on purpose). Big honking difference, yeah right. "I just pushed him into the pool, you mean I should have checked if he can swim? Wait, what do you mean 'if he even wanted to?' That's ridiculous, of course he did!" The problem (malware-ness, if you wish) isn't with the upgrade (we would have upgraded in a matter of 6-8 weeks), it's the disregard for consent ("you didn't say 'no' often enough, that's a loud and clear 'yes' to me").
Perhaps not malware, but not a huge leap away from it.