SirPrimalform: I was actually suggesting legit customers may take it to court, after all the dev still placed malware on their system. I'm not sure it has to have run for that to be a big deal.
Then you clearly no nothing of the law. The first thing any plaintiff must allege is actual harm to himself. Until you can explain how an inactive piece of code does actual harm to a legitimate user, then that case would be thrown out before in even goes to court.
I just love all the "internet" lawyers we have on these forums. How's that class-action lawsuit against GoG going over Mystery Boxes and gambling. The burden on proof is on the plaintiff to show harm. Not on the developer to show the software routine lacks bugs which is an impossible task. Try suing an automaker over some unknown defect and trying to get them to prove in court that their car is actually safe.
I get it. You hate DRM of all sorts.
As to real.geizterfahr, we aren't talking about 2 things. Imagine a thief breaking into a home with a freshly waxed kitchen, claiming the owner didn't post a sign warning him before he slipped and fell. In this case, people are alleging "malware" whose sole purpose is to gather identifying information in which to sue pirates. The only harm to the pirate is that his identity is revealed and leads him to court over his piracy. No court is going to take his side. Unless the harm is disproportionate to the crime he committed (like an electrocution trap set in one's home to catch thieves), no court is going to reward him.