Why not sue the author of the Sasser worms?

Sven Jaschan has been found "guilty" of writing the Sasser worm and turning it loose on an unsuspecting world.  His sentence is a joke.  30 hours of community service and a 18 month suspended sentence.  In other words, he caused millions upon millions of dollars in damage, and he stays out of jail and picks up litter for 30 hours.
 
To top it off, he apparently has a job at a German security firm.  Fine.  Good for him.  He gained notoriety by causing tremendous disruption, and now he’s profiting from it.
 
So, why don’t some of his victims sue him for his actions?  Granted, MS released a patch for the security hole that Sasser took advantage of a month before its release so it could be argued that the victims are at fault here, but that doesn’t mean he should get a free ride, right?  If someone takes something out of my car because I forgot to lock the door doesn’t make him any less of a criminal.
 
Heck, even people sued by the RIAA for sharing music files end up paying thousands of dollars out of pocket.
 
I dunno.  It seems attorneys could do some good here by making his life difficult and perhaps helping to pursuade other "l33t h^ck3rs" that their energy could be directed to doing better things.  I can’t imagine how pissed I would be if any of his worms had caused me any grief.

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