Hacker's version.
All viri are source code.
All source code is free speech.
Free speech is protected under the constitution.
Therefore all viri are protected under the constitution.
DMCA version
Microsoft wrote the code that the virus creators used to kill the machines of the users that used the code that Microsoft wrote.
Therefore Microsoft owns the viri.
Slashdot Mirror
Hacker's version.
All viri are source code. All source code is free speech. Free speech is protected under the constitution. Therefore all viri are protected under the constitution.
DMCA version
Microsoft wrote the code that the virus creators used to kill the machines of the users that used the code that Microsoft wrote. Therefore Microsoft owns the viri.