Because it doesn't do anything malicious. Therefore it is not malware.
I've just invented a device which has a handle at one end and is heavy at the other end. I think I'll call it a hammer. I claim that my hammer will bypass nearly all glass windows easily. I'll prove it if you like. Take one window; swing my hammer and SMASH, no window. If that were the window of a jewellery (or jewelry if you must spell it like that) store then I could get up to all kinds of mischief. So I expect that my malware (sorry hammer) will shortly be classed as a very bad thing which no-one should have. No doubt the police will want to take it away from me if they find it. Why would you want something which proves that glass windows don't work NOT to be detected as malware?
Nah I think it shows that they will do anything to increase the amount of "malware" detected because if it's more than a competitor then they may sell more product than their competitors.
Jason