If a once off usability metric is all 'spyware' ever did we would probably never have had Ad aware or Spybot Search and Destroy. No one would have considered that type of reporting malicious.
-Eóin
And therein lies a good part of the problem: Mission creep.
Much like cable TV stations...
First it was all free of commercials. That's why you were supposedly paying for cable - to avoid ads.
Then came ads in between the shows - and it was now called "without commercial interruption" instead of "commercial free." But
only after the FCC wouldn't go along with some channel's assertions that ads
between shows shouldn't really count as ads (in the traditional sense of television advertising) because they didn't interrupt the main show.
The FCC didn't buy it.
And with
that part of the "redefine the meaning of a word" battle lost, the situation called for new thinking.
So began an industry move to reeducate the public about what should be considered an
acceptable intrusion into their viewing experience...
But first, it was necessary to prime the pump and check customer reactions.
The initial test came in the form of a discreet semi-transparent channel ID "bug" in the lower right-hand corner of the screen.
Officially, this was done to discourage 'illegal' recording of cable TV shows. Which was
odd, because home recording for personal use had already been ruled well within the legal provisions of "fair use" after several high profile court cases.
The bug did, however, get the viewing public used to seeing
something not related to what they were watching displayed on screen during a show.
Next came little text "advisories" ("not ads - we're still ad free") at the bottom of the screen announcing the next show. Then they got bigger...and were no longer transparent...and stayed on screen longer...and soon incorporated logos and graphics.
Next came quarter-height characters from other shows walking out on the bottom of our screen waving banners and performing antics in the middle of what we were trying to watch. But now they weren't just announcing what was coming up next. They were also hyping things that wouldn't be on for two or three more days.
And lately, we've been treated to mini overlay-type commercials from various companies on some cable shows. But these "can't really" be considered ads because they're tied into - (wait for it!) a bloody contest!!!
Lovely...
I'm waiting for the day they stop kidding themselves (and us) and just permanently split the screen to have ads continuously running in one of the panels during a show.
Except they're not going to be called "ads."
Because it's still
supposed to be "ad free."
So these will now officially be called 'recommendations' or 'advisories.' Or just about anything else it makes sense to call them -
other than 'ads.' And perhaps those who are responsible for running them will hint at (or directly threaten) possible
legal consequences for any who publicly call them anything different...
But only after they assure us that they're actually a bunch of
extremely nice people who are deeply hurt by all the criticism they're "unfairly" receiving - and how they'd all quit the business tomorrow if they thought they were doing anything wrong.
So it's really nothing to worry about...
Really!
OC is gonna be
totally different.
Really.
They have given us their word.
Forget they have serious venture funding - and are actively trying to get as many developers as possible into the fold
without drawing too much attention to it.
And forget about some of its developer's past track records.
We all make mistakes.
Like getting caught. 
So let's just let bygones be bygones - and "put it behind us" as the saying goes.
That's the
perfect place to stick it anyway.
Besides, like Renegade pointed out, end users are clueless and stupid. So why bother trying to explain all the magical and complex logic behind how OC discovered an ad is no longer an ad? And how there's no way anybody could possibly consider OC as some form of adware. Some of OC's proponents have even cited an authority as
absolute and
unassailable as Wikipedia to back them up with a definition of 'adware' that works well for them.
So end of discussion and no worries, right?
Those of us who are bothered by things like OC just need to grow up, get with the times, and stop being so darn nitpicking.

