You're the one talking in circles, not I.
Show some proof of anyone, anywhere, ever being prosecuted for removing malware from theit system.
Show me anyone anywhere ever even being threatened for removing this one, including the millions who rightfully removed it.
You can't, obviously, because your claims that anyone would or could ever be prosecuted for removing it are ridiculous. It was malware, and Sony is rightfully paying a price for distributing it, not those that removed it.
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.