My take on this is that the only way copy protection will fail is if there are large numbers of returns; the retailers will complain bitterly. The cost of processing a return is likely to be far higher than any profit margin they make on the sale.
We know there are incompatible audio players; many DVD decks, quite a few car decks (including the one in the new 7-series BMW, I believe), etc - almost anything capable of playing multisession CDs.
If someone compiled a list of players that barfed on these discs, then a protesting consumer only needs to return a protected CD claiming it doesn't play on one or more device they want to play it on, despite them being compliant CD players.
The stores (who, no doubt, will soon be equipped with EMI/BMG supplied lists of incompatible players for accepting such returns) will have to accept the goods back as not being fit for the purpose they were sold for - at least under UK law - as there's no way they can verify that the consumer actually *owns* the incompatible playback device.
Just an idea
Hugo
disclaimer: my personal opinion only, not a company view!