fail
"By transmitting the ApacheBench program to YouSendIt's servers" - if that's the quality of the technical investigation by the prosecution, this will be a short case...
Federal prosecutors have accused a co-founder of YouSendIt.com of repeatedly launching web attacks against the popular upload site. Khalid Shaikh, who was CEO and CTO of the California-based company until he left in 2006, used an Apache benchmarking program to flood YouSendIt servers with more traffic than they could handle, …
"It's not the first time Shaikh has been in the news. In August, Mobile Crunch reported he had been banned from Apple's App Store after flooding it with more than 943 apps over a 250-day period. The publication claimed many of the apps were of dubious value."
What, you mean unlike those really valuable fart generators?