Is Virgin Records destined to repeat Sony's rootkit history?

Cory Doctorow on Boing Boing (thanks to ZDNet reader Bruce Fryer for the link):

Coldplay's latest CD X&Y comes with an insert that discloses all the rules enforced by the DRM they included on the disc. Of course, these rules are only visible after you've paid for the CD.

A reminder: once you open a CD, you can't return it.  Hey Eliot (Spitzer, NY AG), doesn't this break some sort of contract law?  Or, have the end user license agreements (EULAs) that typically can't be seen until after software is purchased set a really ugly precedent.  A digital photo of Virgin's rules is included with Doctorow's post.  Imagine if Congress acted on behalf of The People instead of the recording or motion picture industries and passed a law requiring the posting of such notices on the outside of the CD so as to warn the buyer before the purchase is made.  Imagine how much that would cost the recording industry (the packaging would have to change).  Perhaps there'll be a day when we can't see the warranty for the cars we buy until after we buy them.