I don't even know what is to stop Kaleidescape, should they lose their appeal, from just dropping DVD-CCA license and going to "install your own program into our server" route.
Their system might be a non-windows based program, but their old bulk loader ran on Windows XP. At issue is the loading, not the playback. If there is no CSS, then they don't need a license from the DVD CCA to play back the content on the server.
Technically, Kaleidescape would not even have to release such a produce - a person could create a bulk loader that strips CSS and loads to various media servers on the market, such as Kaleidescape or a network attached storage device. If that person got their hands on an old bulk loader controller, they might be able to produce it without even soliciting help from Kaleidescape although I have not tried this and don't know what challenges one could encounter. If a person made a small windows computer that could attach to a 200 disc carousel, strip out the CSS via AnyDVD or similar program and upload it to a server, I would bet they could sell quite a few of those if that gave an end-around to the injunction, should it stand. Of course, those would likely have to ship out of Hong Kong or some other country that has substantially different interpretations of copyright laws.
Maybe I am naive or getting wishful thinking, but I don't believe this fight is lost.