http://www.webtvwire.com/linking-law-expert-dr-stephan-ott-t...
IANAL but I suspect the OP feels the same laws could be applied here.
http://www.securityfocus.com/brief/567 http://www.schneier.com/blog/archives/2007/08/new_german_hac...
This has had a chilling effect already
for instance
http://en.wikipedia.org/wiki/Hydra_%28software%29
On September 2007, to comply with new German laws regarding distribution of hacking tools to the public, THC stopped making the program available.