Cory at boingboing says:
Of course, these rules are only visible after you’ve paid for the CD and brought it home, and as the disc’s rules say, “Except for manufacturing problems, we do not accept product exchange, return or refund,” so if you don’t like the rules, that’s tough.
Set aside copyright law for a moment.
If I were to buy a copy of the CD at my local Borders or Barnes & Noble or WalMart, take it home, open it, discover the “rules” and realize that the CD won’t play on some or all of my playback devices, don’t I have a good contract claim against the store under Section 2-314 of the UCC (implied warranty of merchtability) and maybe even 2-315 (implied warranty of fitness for a particular purpose)? Of course, no one is likely to press an individual claim of this sort, but wouldn’t it make a juicy class action?