Ask the noobie if he's found the definition of copyright protection yet, and if it includes the use of malware.
Also let me know when you find anyone anywhere being prosecuted for removing any malware from any computer anywhere.
At that point you will have some proof that some forms of malware can't be legally removed from your computer.
Ask the noobie if he's found the definition of copyright protection yet, and if it includes the use of malware.
That's not the question. Does the DMCA EXclude malware, as you claim? Prove your own claim.
Also let me know when you find anyone anywhere being prosecuted for removing any malware from any computer anywhere.
Still completely irrelevant.
At that point you will have some proof that some forms of malware can't be legally removed from your computer.
Even a cursory reading of the DCMA establishes that.
Notice that it says 'effectively controls access' The Sony root kit meets this definition
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
Notice again that here it is illegal to tell someone how to Remove something that is designed to control access to a work protected under the DCMA. If you read the law you see no exception for rootkits or malware..