Unfortunately for the little guy, the powers that be often aren't pursuing the companies they should, such as spyware developers and spammers. It's more likely that a spyware company will sue others, such as with Zango. Luckily, the fight doesn't always go that way. Most recently, after a spyware company was shut down, Microsoft has brought a suit against some individuals participating in the distribution of the software. For violating the "Computer Spyware Act" of Washington, Microsoft is seeking damages from Timothy Taylor and others:

Microsoft accuses Taylor and the others in its suit of using screen savers and other seemingly benign programs as Trojan horses to surreptitiously install unwanted software on people's computers.
It isn't made clear as to how much Microsoft is asking for or what the funds will go towards, but it is encouraging to see more large companies and institutions taking an increased interest in this.