We shouldn't convict him for creating this tool
That is very true, the dipsh1t couldn't create a paper bloody bag. If you had fully read other people's posts you would see that he took someone else's software and had it modified to suit his nefarious purposes. That IS a crime. Just like modifying a weapon to fire full automatic, or sawing shotgun barrels off.................you have now created something illegal.

As you said:

Say, you're making binoculars. Do you have to add a disclaimer to them that you're not allowed to use them to look into the bedroom of the woman next-door?
That is exactly my point!...................binoculars are innocent per se, only their usage might be illegal. What we are talking about here is MODIFIED SOFTWARE which is more like the illegal firearms scenario?