[openasocket]

Ads don't have malicious intent (usually). You may not like them, but displaying ads doesn't cause you harm. You could argue "having to see ads is inconvenient, which is a kind of harm" but just because software is inconvenient or doesn't do exactly what you want doesn't mean it's malicious. In this case, what makes Judy malicious is that it is using your machine to defraud advertisers.

[problems]

It often takes my personal information, unique device identifiers etc and sends them over the internet without my consent. That causes harm. IMO, much more so than defrauding some advertisers.

[openasocket]

As I said in another comment, the term "malicious" is obviously open to interpretation, so yes, you could make the argument that that is malware. You just have to convince others of your argument.

I'm not really interested in having that argument here, since it's really off topic for this article.