[bananarepdev]

I think they are talking about the tracking capabilities of these ads, which are unexpected by the user and compromise their privacy. Thus, they behave as malware.

[fastball]

Shouldn't be unexpected if you agreed to the ToS/EULA.

[tripzilch]

... but that's what many other malware authors say as well :)

... they probably even tell it to themselves to better sleep at night.