
TL DR: Probably not, but they can legally do it now. Given the public outcry they have already received they would have to be insane to risk someone picking up evidence of spyware with a packet sniffer. There is no indication I have seen that Take Two actually plans on turning Kerbal Space Program into spyware, just rumors and a EULA that reserves more rights than it needs to which is probably just to reduce the amount of communication necessary between the programmers and the lawyers. Based on the way the part about collecting information is worded it appears to be for the purpose of displaying usernames on leaderboards (even though KSP doesn’t have that) and collecting debug information. I believe that the new EULA was put in place to let Take Two’s lawyers implement a standard legal policy that they have in place for all of their games.

Since Kerbal Space Program’s only online feature is the Steam workshop this is not applicable to it at all, which gives me the impression that the EULA that was not written with KSP in mind.
#SPYWARE GAMES LIKE KERBAL SPACE PROGRAM LICENSE#
I read through the license agreement and the thing that makes me not worried are some parts that amount to “if this is an online game you can be banned for cheating”. The updated EULA contains stuff that have a lot of people worried like the ability for Take Two to collect personal information.

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