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>If the code were an ATM pin code cracker, would that be any different?

No. Lots of pen testing stuff exists in the open source realm. A society that allows exploits to be "free speech" is anti-fragile.

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If the cracker were being marketed by their creators as “the easiest way to steal money” would it be any different? Intent does matter. In fact for a crime to have been committed one has to prove intent. If the intent is to facilitate the robbing of banks, that’s different than “pen-testing” as a means to help/protect.

Not everyone agrees sharing ought to be a crime. In fact most everyone believes some degree of defiance of copyright law ought to be allowed.

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