Yes, the short answer is that Disney has always been opposed to the K system creating a persistent copy from a physical disc. They therefore required we give up that capability with their titles in exchange for being able to download from the K Store.
As an aside, the arguments for and against being able to create a copy from the original, whether for back up, or as in K's use for a more user friendly experience, obviously depend on which side is making the argument.
Quite simply, the content owner's believe they have the right to limit the use of the content they sell, and we, the purchaser's of that content believe that when we buy it, we own it, and can do what we want with it. Obviously Disney is in the content owner's camp and they enforce the "All Rights Reserved" language found on every cover of every movie they sell.
Being a purchaser of movies, like every other K owner, I see no harm in creating a persistent copy to a closed system that is only making it easier for us to enjoy the content we purchased. As a recovering lawyer and former litigator, I understand the position of the content owners. As my other legal brethren that frequent this forum know, all of these arguments center around "ownership" and what "rights" are attached to that ownership. In property law, we refer to the "bundle of rights" that attaches to specific ownership. For example, if I purchase a house and the land it sits on in "fee simple", I'm said to own the full, or complete, bundle of rights. This allows me to do anything I want with the property, subject to existing laws. I can sell it, lease it, build onto it, tear it down, etc.. If on the other hand my ownership is somehow less than fee simple (as in Leasehold), then my bundle of rights is less than full, and there will be limits as to what I can do with the property. So...if I have the full bundle of rights and decide to lease my property, I have the right to restrict it's use by the Lessee, and if the Lessee doesn't like my terms they have the right to walk away.
Studio's take the position that THEY being the content owner's have the full bundle of rights and can therefore restrict/limit how much of that bundle they give up when they make their content available to the user's of that content. They are willing to "sell" us the content, but at the same time limit what we can do with it. This is within their legal rights, and in general but with minor exceptions, the U.S. courts have upheld those rights. There have been several laws enacted by our Congress over the years to deal with intellectual property protection, but these laws have created some unanswered questions (not unusual for Congress). It is being left up to the courts to interpret existing laws.
Although the past litigation between the DVD-CCA and K was a contracts issue, it is really these "rights" arguments that were underlying the case, and in this regard Disney believes the right to create a persistent copy from a physical disc was never granted to K, or anyone else for that matter. To be fair to Disney, all of the Studio's took that position.
We now enter a new era of content distribution, and the Studio's can see the value in distributing content without the need for a physical disc and this obviously requires that they accept the fact that digital storage of some type is necessary if you want to eliminate the need for a disc. I'm sure they would prefer "streaming" as a delivery method, but logistical realities currently prevent that from being a viable single option. So...now it's "okay" to create a copy on our hard drive systems, but that copy is coming from a digital download source and not a physical disc, obviously a limitation the Studio's can live with at this point.
Although the case with the DVD-CCA has been settled, there are likely some studio's that still disagree with the outcome, in particular allowing legacy systems to exist. In this regard, one could argue that Disney's requirement to gain access to their download content is a reflection of their disagreement with the settlement.
Jim