The logical question, regarding the Sony rootkit scandal and the upcoming removal tools from antivirus companies, is when will the DOJ prosecute antivirus companies for violating the DMCA? It's not a question of whether or not they violate the law when they supply removal tools for Sony's rootkit, aka Digital Rights Management software, which now exposes PCs to a virus threat. The question is whether or not the government will apply the law.

To violate the DMCA, you need only circumvent a digital process for protecting media files. No clarity is given in the code that tells the user they have any rights to protect themselves, their PC, or use the media they lawfully acquired. If, for example, Adobe requires you install software to stop you from duplicating your legally purchased eBook, then you must abide. Removing, hacking, or sidestepping is illegal under the DMCA.

Although the case against Russian programmer Dmitry Sklyarov was dropped, the fact remains that this law is unchallenged in the highest level of US courts to protect Americans and American companies from prosecution for doing with their own hardware and legally purchased software what they must to remain useful and safe. Fair use is mute.

... Dmitry Sklyarov was charged under the Digital Millennium Copyright Act's circumvention 1201 clauses (one small part of which is under review by the Librarian of Congress) while visiting Las Vegas for a technical conference. Skylarov was imprisoned for his part in creating an Adobe eBook reader that permitted fair-use of copyright material, and imprisoned pending trial.

His case was dropped largely due to public outcry, partially for the guise of bigger fish fries as the DOJ set their sites on his employer, but in any event solved nothing for legal concerns and US citizenry.

The US DOJ would have you believe this law is good for enforcing copyright violations, mass duplication of illegally obtained material. And, it has been used to this end. However, the risk remains for any company or individual that help computer users to secure their own PCs from intrusive and dangerous commercial hackery.