Z:gnu-www-ja-malware-kindle-swindle--a916f5-Malware and nonfree software a/en

Malware and nonfree software are two different issues. Malware means the program is designed to mistreat or harm users when it runs. The difference between free software and nonfree software is in  whether the users have control of the program or vice versa. It's not directly a question of what the program does when it runs. However, in practice nonfree software is often malware, because the developer's awareness that the users would be powerless to fix any malicious functionalities tempts the developer to impose some.