The invasion of an unsuspecting persons privacy.
this is all about INTENT.
financial gain by selling software that allows the owner to spy on other peoples computer activities
and selling it for $89, with a clear incitement to use it illegally. Yada yada yada...

Ummm no and agian, I have a feeling its all about how he used his network for notification and the like... and if I have things correct he also went as far as hosting a number of these "e-cards". Where as other malware are a bit more DIY.