It seems he thinks it’s a big deal.
He thinks it may set a precedent that downloading Direct Revenue software could be considered a Trespass to Chattels (“a somewhat obscure tort action arising out of unauthorized dispossession, use, or interference with the tangible property of another.”). Wiki explaining the concept here.
“I trust we all can appreciate the floodgates of litigation that may open if undisclosed downloading of software (not just adware) onto a user’s computer can support a trespass to chattels claim (if you’re having trouble visualizing, just think two words: Flash and Java). We’ll have to see if the court puts any better parameters on its thinking at the summary judgment stage.”
(Tip o’ the hat to Suzi)