I was looking at the MagicJack EULA which purportedly states:
"You also understand and agree that use of the magicJack device and Software will include advertisements and that these advertisements are necessary for the magicJack device to work ... Our computers may analyze the phone numbers you call in order to improve the relevance of the ads..."
Not a reliable reference: http://en.wikipedia.org/wiki/MagicJack
Whether or not "snooping" on the dialed numbers in order to tweak ads for the user is spyware or malware is probably an individual decision. I would consider it an invasion of privacy.
Also, any software that does not include an uninstall script or removal instructions, is, IMO, not something I would install.