when i said that viruses seem to be getting tweaked by kiddies more and more i was reffering to the ever incresing rate that variants of the same virus come out. Take mimail for example, we went from variant A to variant J in 2 weeks. Thats not us releasing signitures for things that could be changed, but actual samples that we have, where someone has changed small parts of the code to make it ever so slightly different.

I definately wasnt talking about code that could be seen as being viral. Its unlikely that a legitamate program that you write is going to hide itself, replace other exe files with its own, and then using its own SMTP engine mail its self to every one in the address book.
Of course it is possible for a file to be seen as viral when it isnt, and thats called a False/Positive, anything that shows up as this should be sent to an AV company so they can rectify their signiture so it doesnt detect that file as viral.

At present code cannot be copyrighted, the only way to copy right it is to patent the purpose for the code in a specific context. So if you copyed some elses code, but used it in a different context, then you are perfectly within the law to do so. Nice loop hole dont you think.