FWIW, Apple's Remote Desktop tool does almost everything this guy's RAT does.
Except: You can't disable webcam lights with it. And you can't SYN flood (directly) with it. It is trivial to run a few shell commands and install tools that let you SYN flood. Why would a RAT include that by default. I think it will come down to a couple of the small hard to justify features coupled with the overall packaging and history of the software that really spell out a story of intent from the author that lands him in jail.
Intent, and the story, that gets told in court really matters. Plus we don't have the totality of the evidence.
Except: You can't disable webcam lights with it. And you can't SYN flood (directly) with it. It is trivial to run a few shell commands and install tools that let you SYN flood. Why would a RAT include that by default. I think it will come down to a couple of the small hard to justify features coupled with the overall packaging and history of the software that really spell out a story of intent from the author that lands him in jail.
Intent, and the story, that gets told in court really matters. Plus we don't have the totality of the evidence.