Re: Truth in Labeling
Users are using the developer's software without paying for the the developer time
It's the dev's choice to make it available for 'free' - no-one holds a gun to their head and says "you may not charge anyone."
Where the problem lies is in the dev not making it crystal clear to the user before installation what else the software would do in the background - the average, non-technical, user can not make an informed decision whether to install the app based upon some technical jargon/legalese buried in point H.1.iii (c) on page 36 of the EULA/Ts&Cs.