Rootkits are malware, not copy protection. That's why not one of the millions who removed this one will ever be prosecuted for it.
Removing the Sony rootkit is a violation of the DMCA. Actual enforcement is entirely irrelevant to the fact that it IS a violation.
Lets see the section of the DCMA that makes such a distinction. You keep saying that the DCMA would allow the removal of a rootkit whos puporse was copy protection lets see the part of the DCMA which addresses such a copy protection scheme.
The categories "malware" and "copy protection" are not mutually exclusive. You are introducing a false dichotomy.
The Sony rootkit was an implementation of copy protection in malware.
Sony wouldn't say so. Who defines what copy protection is, the manufacturer or the consumer?