The intent of the software was spelled out for anyone to see in the description of the GPS Spy program. And Tap Snake didn't make itself invisible, it was right there in the list of programs that could be uninstalled. You could also look at the permissions granted to it and see that it had access both to your location and the Internet - that wasn't hidden either. What else was needed to make this not count as spyware?
Would a sentence in Tap Snake's description in the market have been enough? You could already click on 'more applications' and see GPS Spy in the list of apps made by the same person. So the info was there, you just had to dig for it.
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