How do you know it is misidentified by some virus scanners and not missed by the others? How do you know that the DRM is restricted to your game and not accessing other processes/files?Yeah, misidentify, since DRM != malware.
I think Capcom made a big mistake adding this DRM to older games, I personally don't want any DRM solutions that only annoy the people who don't pirate and make games run worse, but I don't consider it malware if "all" it does is make it impossible to tamper with the executables. If the DRM does more than that, like collecting data from my PC, installing back doors, etc etc, than it's a completely different matter.
DRM with this feature set and malware are very similar and this DRM does not seem to have any history.