I will not, because those two things are completely irrelevant.
"Haven't" doesn't mean "can't."
The reason you have lost this argument is because you cannot prove your assertion that there is some kind of malware exception in the DMCA. There is none.
It doesn't have to be explicit, anything normally illegal like malware is implied, and rootkits are a type of malware.
Miilions have removed this and not one prosecution. Nor will there ever be, obviously, as all fault lies with Sony.
Circumvent legal copyright protection and you might get in hot water, though. But of course that's why you're obviously launching this FUD fest anyway.