Nope, your points still don't add up, since others have been arrested for rootkits, and Sony still could face prosecution. So far, it seems to be limited to a verbal spanking.
http://blogs.washingtonpost.com/securityfix/2005/11/the_bush_admini.html
Of course, anyone who removed the rootkit is free of any charges, your claims to the contrary being without any merit whatsoever.
You're in a deep hole. You should stop digging.
But they haven't been prosecuted.