Okay windows movie maker did work after some tricks. I started with an avi (uncompressed) and imported that into windows movie maker. I clicked "save to my computer", and added it to my content. That didnt work.
Then I added an audio track (Beethoven's 9th...I only have sample audio on here...) and then saved it. After it was done saving I added the resulting video file to my XNA content and it played all the way through. Since the 9th symphony was an odd pairing, I went back and deleted the audio track and left it empty and saved the movie again. It still worked. So I guess the way to get a video to work is to encode it with Windows Movie Maker with an empty audio track. So I guess even though the error message is about CBR and DRM its actually about no audio track. thanks for your suggesstions and I hope this helps somebody else.