For this case I think it is important to understand the environment and context surrounding the software, and what makes it different from other security tools

For this case I think it is important to understand the environment and context surrounding the software, and what makes it different from other security tools such as metasploit. The author had a presence on several forums where he posted updates and I guess provided people with support. These forums catered mainly to the "bad guys", and the author was posting updates and providing support on the same forum where banking trojans, and stolen information was sold. While writing malware might be protected by free in France, the author was probably walking on a thin line with his choice of communication channels. Metasploit targets security researchers over channels where there is no overtly illegal activity, and would likely refuse to support people if it is obvious that it is being used for something illegal.