Even on a narrower definition of malicious if it includes user tracking/monitoring then large amounts of proprietary software can be regarded as malicious. I would narrow my definition of malicious a little more personally but there are large amounts of fairly malicious software out there, very little of it Free software.
You might need to pick another line to take apart.
"Where is my child?" => "I'm sorry ma'am, we had a day trip, but in the interests of your child's freedoms, I was forbidden from tracking her."