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Of course, but in this case, their intent was to spy on children.
The use of the software after installation conveys criminal intent. IANAL. How could you use the software in a home environment without criminal intent?
Yes
It seems like it to you and me. At a trial, we'd hear their side of the story. Maybe there's some explanation that could make it somewhat reasonable, and you would have a hard time convincing a jury beyond a reasonable doubt.
If I remember correctly, students had to pay extra to take their laptops home, I believe an insurance fee of some kind. The student whose family filed a lawsuit did not pay that. The laptop was supposed to be at school, but was not. In that case, there may have been reasonable doubt that the school was trying to track down its missing property that should not be outside of school grounds.