No, you have mistaken me. Your point was that the code is evil because hackers use this to inject new code. I wanted to show you that you are wrong because the code isn't evil, I never wanted to argue about the NX-Bit or the evil heap. (Did you know that you can also have code on the stack and execute it? What about an NX-Bit for the stack?)

And by the way, instead of writing save code without using functions that are clearly marked as evil (like strcpy), you want to prevent anyone from executing something from the heap? Thats like saying "Ouh, my teeth hurts like hell. Lets cut of my head so I don't feel 'em anymore"
Just my 2 cents about the NX-Bit