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The same as that it isn't illegal to make or buy a hammer, but it is illegal to knock it on someones head. Creating viruses doesn't harm anyone and the person making it can make them for educational purposes only or the program can have legal and illegal purposes. A program that controls another person his computer can be useful, think of logmein where the user of the computer grants access to his computer. However the same type of program can be malicious used by criminals by controlling the computer without the person knowing it.

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