Probably should also add "successfully", there's a reason NYPD had/has guns that require 12 pounds of force to pull the trigger (instead of a normal ~5 lbs).
Software that exclusively has illegitimate uses has been shut down. Whether we agree that it is a good argument or not, it is definitely an argument people have made (that some types of guns are mainly designed to hurt people).
With software of course it is a little complicated because:
* it can be produced really easily in a distributed fashion over the internet by anonymous people in many jurisdictions, so there isn't always an obvious company or entity to sue
* most automation tools can be repurposed for malicious use (nobody would sue John Deere because their tractors can be armored and turned into pseudo-tank things)
That's like saying "If the gun fires the bullet, who is liable for murder?" It's a silly question.