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It sounds like a good idea. But it would not meet the FSF definition of Free Software, nor the OSI definition of Open Source. So you wouldn't be able to include it in many open source software packages.

"malware"/"spyware" is complicated. Does Ubuntu count as spyware? They have some integration with Amazon web shops. Does Debian? It has a "popularity contest" for packages ( http://popcon.debian.org/ ).

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Though Debian's "popularity contest" is opt-in.

Yes it is. And so is a lot of malware. The user has clicked the "I Agree" box at the start.

Can you come up with a definition of "malware" that excludes actual malware and excludes the Debian popularity contest?

I'm supposing that you meant "includes actual malware". Here's a definition:

Malware, for a given user and computer, is installed software that, in the absence of constraints (such as imperfect information, limited time and ability), would not be installed.

This defines malware as a space rather than a binary, but I'm fine with that.

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