On http://developer.android.com/guide/publishing/licensing.html, under section "Replacement for Copy Protection" it says:
A limitation of the legacy Copy Protection mechanism on Android Market is that applications using it can be installed only on compatible devices that provide a secure internal storage environment. For example, a copy-protected application cannot be downloaded from Market to a device that provides root access, and the application cannot be installed to a device's SD card.
How can Android's - meanwhile deprecated - Copy Protection check whether the device is rooted? Afaik it's not possible, also according to Dianne Hackborn (see How can you detect if the device is rooted in the app?). So that can only mean, the check is done by some (unknown the the public) obfuscated criteria check, obviously not just a simple check whether the 'su' command exists, I suppose. Does anybody know more about that check logic - or how secure that is?