Botnet code is open source, as far as I know. Maybe not by design, but I have gigs of it and its all googleable.
Not being a lawyer, I’d guess the plaintiff size is highy debateable based on source or destination.
Marty
I don't think anyone is talking about suing the writers of the botnet
code. Afterall, that's already occuring on those rare occasions when
they can be tracked down. In some cases, they're even getting
prosecuted. What people are talking about is suing the authors of
vulnerable and exploitable code. I think there's merit to this idea,
and, I don't think it will have a negative impact on open source.
Owen