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no it does not mean you can legally change your software to malware.

I think it's disingenuous to label it as "malware".

Nah its not. It crashes hoobs and the ring plugin for homebridge. And probably a lot of other software.

Modern JS crashes my older browsers too. It doesn't mean it's the JS author's fault for using code my system can't handle.

The intent is extremely important to the word malware. the intent WAS malicious.

It was malicious about as much as flash no longer working, or nest thermostats.