Furism said:
1. Sony might beg to differ. [http://www.zdnet.com/sony-settles-class-action-lawsuit-over-drm-3039244664/] They had to settle out of court their own rootkit/copy protection problems.
2. It is a rootkit. It's installed without user's consent and allows running arbitrary code from a remote place. Even if the intent is not "evil", it's still a rootkit. You could argue that it's not a "rootkit" because it doesn't try really hard to hide itself, but at the very least it's a trojan.
1. I'm fairly sure Ubisoft buried clauses about uPlay in the EULA - making installing this at least somewhat legal. Now, settling out of court most definitely doesn't determine the legal status of anything, so the jury's still out.
2. This is simply not true. A rootkit is defined by how it hides itself - and uPlay doesn't do any hiding, so it's not a rootkit.
It is also not a trojan. Trojans masquerade as or within something legitimate. uPlay is quite open about what it is - and this problem was merely a flaw in the execution. If uPlay was meant to be a remote platform for spying, then it would be a trojan. As it is, it is merely a phenomenally badly thought out piece of software.