[aruanan]

A weak case. DVDs don't play in my VCR, so is this actionable?

No. VCRs aren't designed to play CDs. A computer CD player, however, is designed to play CDs. Since the data track interferes with your playing your CD in your CD player, the addition of the data track makes the CD non-functional, aka defective and the company adding the data track, for whatever reason, becomes subject to legal action for a. selling a defective disk and b. preventing the owner from making a backup copy for his own use, a copy he is entitled to make under existing copyright law.

[RightWhale]

If there is a problem, it ought to be with the CD drive being used to play the CD. There is nothing in the CD drive itself that would interfere with playing the CD, so the problem is probably with the software. Granted, the CD drive might have embedded software.