One can package software with most restrictive license you can imagine, but this can not produce any ethical problem, until it will be *distributed*. If distribution is not performed, it can not produce described non-ethical situations, neither #1 nor #2.
In your example here, it's the license which is the potential problem, not the software. The phrase "until it will be distributed" makes that very obvious.
Both actions[1] are necessary to produce discussed situations. And preventing from happening any of them will be enough to prevent both #1 and #2.
Also, I can construct examples where software would be used for evil purposes without being distributed at all.
I believe you. I also believe that license will have probably nothing to do with you examples. But we talk about #1 and #2 (which are actually mostly about the same).
1. Of course, there are mach more actions involved, but they are less related to the discussion.
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Best regards, Sergey Spiridonov
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