I reckon for a protected Disk they should go at it like this:
You buy the Game from a retailer
You need a Serial but the package has no Serial or Activation thing except a Phone Number
You get home & you can not Install the Game, Until you Ring or Email the Company that made the Game (With your Proof of Purchase Receit) before they will give you a Serial Install Key.
So in otherwords you have to Register your Name with them for the Serial Key they gave you, & at the Same time the Disk has no Protection on it because it can not be installed without a Serial.
I guess they could make a CD Check on the Protection as it can still be easier to Backup with as its I believe our write to have a Backup of the Original.
Also I reckon if they keep going with all these Protections things that they should replace our Disks if they are Damaged through a lot of Playing with.