If the user doesn't want it doing what it's doing, it's malware, period, whether it's DRM software, a botnet controller, or even their PDF viewer choosing to
Note, I'm not a fan of DRM in general. When it comes to digital goods, most piracy is not easy even without DRM, and a vast majority of people who pirate content aren't doing it to be malicious, but because they simply can't get access to that content any other way. So reducing piracy doesn't reliably correlate positively with increasing sales (in fact, it can hurt future sales, because people who don't have access to the original content will be less likely to try and procure newer derivative works based on that content).
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