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.
Furthermore, let's dispense with the deliberate obfuscation regarding enforcement. If no one is prosecuted for a violation of the law, the law is nonetheless violated. If I drive 85 down the interstate, I am violating the law, whether I am caught and cited or not.
This may be irrelevant, but I will never buy anything from Sony again, and when people ask, I will recommend against Sony. My protest is tiny and unorganized, but I find when I have a position like this, I am seldom alone.