You can stomp on the grey areas all you want on individual points, but you have to really look at the whole picture.
What is the end result of the software they produce? Without marketing buzzwords thrown in to mask the true intentions?
To bank on ignorant users and to leverage that ignorance to increase revenue.
Same people who do the AV browser pop-ups designed to convince your grandma that 'your computer is infected', they are using the same tactics with a different costume. I actually spoke with a spammer last year (I'm sorry 'content distribution network' as they called themselves) and the double-speak was just infuriating, that was all I could think about when reading this.