The way I understand it yes sure.
However this is still becoming a real worry for users who'll end up facing unreasonable transaction times compared with the norm and will cause worries about the fundamental architecture of the network and its underlying code.
Personally I don't give a toss about who's actually doing the mining even though botnets (if this is one) raise "moral" issues. However not including transactions in the blockchain is just plain fucked up.
Maybe a patch or something similar to reject this type of blocks ought to be included in the code as it's A slowing down the system and B apparently also destroying legitimate work, which is in no ones legitimate interest.
Some people may start screaming "this is the wild west and we don't want no stinking "regulations"" just think of it as going to a gun fight you can only bring a .22 while several of the other parties arrive carrying assault weapons. All I'm asking for here is that everybody gets to buy a nice piece of whoopass and bring it along if they are so inclined.
Would Gavin or any of the other developers care to comment on these recent events?