First off, I want to say that this is purely hypothetical; it's just a scenario that came to mind. I am not looking for personal legal advice, but rather, I'm trying to gain a better understanding of software licensing in general.
Suppose somebody open-sources code relating to a botnet (either the code to infect a zombie, control the zombies, or both) under some license, let's say GPL.
A few questions.
- First off, are botnets illegal? I don't know if it differs from country to country. I ask because if it isn't, then my question would make no sense whatsoever.
- Can a software license be applied to "illegal" software?
- If a person decides to take that code and violates the license terms, could the original creator take action against said person?
- Even if they could, should they? What happens if somebody openly admits they are the creator of code that does illegal things?