FBI arrests author of NanoCore after it was pirated and abused by hackers
I generally think it's crazy to hold someone responsible for the software they wrote, even if it has no theoretical "good use". The person using the software should be responsible. That being said it's even crazier if there is a legitimate use (network monitor etc.) which seems to be the case here. Where exactly do you draw the line? If an attacker uses Windows or Linux...is that evil software. If they phish with some mail-tool is that evil software etc. etc.