What's your criteria for attributing malice?
Downloading multiple gigabytes of data over a cellular connection on a small-storage device without permission constitutes malice (or at minimally criminally stupid). That blows out both cell data caps (which most people have, and this unwanted download will likely blow thru and cost the user $$$), and use up limited storage (most 16GB devices don’t have much free to spare to start with, and may easily be unusably full when much of it is commandeered for an upgrade the user didn’t want and didn’t ask for).