As absolutely disturbing as your thought is, you do pose one great point in your question. How do you tell the difference between a "trojan" infected bot, and one that someone clicked a pop-up ad without reading it and had an install infect them. But then the other question is can you copyright software with the full intention of using it for otherwise illegal means? And do you have to disclose the actual purpose of the software to the end user for an agreement to be valid? Also if the software is being used for illegal means is it still protected by the DMCA?

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