It's still wear and tear since the drive will darn try it's hardest to read unreadable data before giving up.
But anyway....
It seems' Mr. Sherman is a big dimwit. Even if the rootkit did not have any security vulnerabilities (as if such a thing was practically possible), the deception involved with the concept itself of a rootkit is an issue. It's just like saying it's OK to install a Trojan in your system as long as it's not a security vulnearbility, but worse, since rootkits are actively stealthy by nature. Not all technology is good, nor even lawful to begin with. So can Sony get away with it by getting the user to agree with a EULA that mentions such security enhancements? Well, there IS such a thing as contract which is "contrary to law", and as such illegal and non-binding if it can be proven as such.
Copyright's intention is to is to serve as a mechanism to selectively grant selective rights over the material to other people. At its very core is the recgnition of who the creator is. All the other rights are given or taken as seen fit. Aside from recognition, it's other purpose is to protect the interests of the creator. This is why the right to sell reproductions is withheld, but you can easily sell what you bought as long as its the only copy. Oddly enough, in most cases, it's actually the publisher that's more concerned with this than the creative author. It's even widely considered that publishers were really the first to request and benefit from this. It doesn't necessarily ensure the sharing of knowledge. Unfortunately it's merely a commercialization tool now. You're reproducing something for your own benefit, and yours alone, for purposes that come with the nature of the material such as audio. You don't have to make copies of a book to enjoy it, but you do need to load it on your mp3 player, etc...
Sad how it's being used for greed now.