Wow, this is getting complicated.
I doubt the software is anything near fool-proof, but the idea of it does seem "fair" in terms of treating digital media as physical media -- if that's what people are expecting.
However, it's also a very good opportunity to point out that the Ts & Cs that everyone ignores on iTunes etc are different from the rights received when purchasing physical media.
Whatever the outcome, if there's enough publicity to help the consumer make a more informed choice (such as whether it's worth waiting a big longer and/or paying a bit more for a CD?) then actually we could all be winners whatever the outcome.