Sooner or later, the cat & mouse game has got to end. I think it would be a better result if the internet community would find ways to ostracize and unroot these unethical types of practices, rather than resort to eventual legislative measures (which would prove costly, and likely not very efficient). I think when the industry realises that their pocketbooks are being negatively impacted by the spread of such (IMO, 'malicious enough' ) code - then they will be forced to react.
Take Armat for example, don't you think he's going to think twice about pulling out his credit card next time he wants to purchase something on-line? After that kind of experience, I certainly would hesitate.... <_<