None of which changes the fact that DMCA, your darling legislation straight from the UN, which you have defended with the faithfulness of a husband defending his wife, says that it's illegal to remove copy protection. And the whole reason that Sony included the rootkit was copy protection, despite your protests that it has to be "either or".
Just because it's not prosecuted doesn't mean that people aren't breaking the law when they do it.
Nah they attempted to confuse their malware with copy protection, just as you are trying to do now.