The other day I jaywalked, I did not get arrested I guess there must not be a law against it right?
Show me the definition of copyright protection in the DMCA. Does it include malware?
Coming from me this is significant: You are a legal neophyte! the law has to define copy protection. If, in that definition, no exception is made for what you call malware than the sony 'malware' would fit within that definition. There is no 'GE says' clause in the DCMA so unless you can point out how the law (DCMA) differentiates between a rootkit/malware and copy protection then the absence of malwares mention means only that it too has the same legal protection if it is aimed at protecting content.
So what, people actually get cited for it all the time especially in NYC. No one has ever been cited for removing this malware, nor will they ever.