If they really tell you that, then tell them to put it in writing and quote the law. They’re full of shit and they know it. And when they can’t put it in writing and quote the law, use this to leverage your money back or at a minimum a store credit. The store credit route typically is much, much more effective than the cash back route. And often just as good, depending on the situation.
The credit card route suggested herein by Fear Itself is a good one too, if applicable.
Wow. Just wow. I sure am glad I don’t get so fanatically obsessed over my possessions… my life would be miserable if I did.
Well, if they sold me a TV, but I opened the packaging and it was full of bricks and rat-droppings I’d expect them to offer one of (1) my money back (2) another TV (of the same model), one that’s actually there (3) a different TV of approximately the same quality, possibly paying the difference if necessary and (4) in addition, though I doubt you would get it, you would have some grounds asking for compensation for the time you wasted. Probably not worth it for a TV, but the principle exists.
Obviously (3) is out for DVDs since (a) you don’t want a different DVD and (b) if you were running a scam this would benefit you. But is there no way they can get another copy? Order one? Get one from another store? Pay you $100 since you spend a whole day looking for another copy of the disk?
You have entered into a contract, given them money, and they have given you nothing. How is that legal?
Actually, my apologies. I kind of went off on one there. In retrospect my entire response rant can be summarised into an eloquent one sentance rebuttal: If that’s what you think, I have a DVD I’d like to sell you. 
If you don’t mind making a scene, go to a BB during busy hours, and make sure everyone within a 100 foot radius can hear you explain your problem. Be obstinate, but be polite (and loud). Managers don’t like scenes or attention, and they may refund your money.
I didn’t say it was legal or right, just that copyright law is not what put the OP in this position, but Best Buy’s refusal to order him a replacement.
I’ve practiced in the area for a few years, and I can’t think of anything in copyright law that makes it illegal for DVD to give a customer a functional authorized copy of a DVD to replace one that is defective. To the extent they try to justify their rule under copyright law, the no-refund policy is probably just to prevent them from being on the hook for a potential contributory infringement claim. But in any event, lots of companies have a “no refund once you open the box” policy for a lot of products- it’s not unique to either Best Buy or DVDs.
What Best Buy should have done was special order it or get a copy from another store. That they didn’t do either is plain bad customer service, whether it is legal or not. My memory of sales law is not 100%, but I recall that sellers have the right to choose what form of cure to offer in case of defective or non-merchantable goods. I don’t know that directing you to an inconvenient alternate source would be considered inadequate cure, but it’s certainly not good business practice.
Speaking for no one but myself, I think the problem is with describing details of the acts. From what I’ve seen, debating the morality/legality is fine, but when we start sharing details of the act, that’s when the staff, wanting to be on the safe side, gets a bit worried.
Apropos of nothing, perhaps, but is it actually possible to be obstinate, loud, and polite simultaneously? It’s always been my understanding that “scenes” are objectionable, at least in part, because they are fundamentally impolite displays.
Just to add a note about the UK Sale of Goods Act, but the store must also reimburse you reasonable expenses, so if they insist that the nearest copy they can sell you is 100 miles away, you can charge them for that trip to go and get it.
Sorry, I didn’t make that very clear. I meant polite as in “not cussing and throwing things”
Ah. So how long have you lived in New York City, exactly? 
I’m there with the “make a scene” contingent. I’m certainly not endorsing any kind of illegal act, but at the very least, I think I’d be willing to devote a hunk of my day to letting everyone coming in and out of Best Buy know that Best Buy took my money under false pretenses, and refused to make it up to me in some way.
And if they want to call the cops, fine. I’d be happy to explain the matter in a rational, calm, polite manner to the nice policemen, too.
I’ve never even been to NYC. I live in Oklahoma, which is about as laid-back as you can get, so you can imagine how much I stick out… :smack:
Or If we really want to be obnoxious, set up a little table out front with a big cardstock sign of “this store sold me a defective item and refuses to replace it,” in big letters. Print copies of a letter to best buy saying that “this is why I will never shop here again” and ask people to sign and return address them so you can mail them all to best buys corp office. Have your Bad DVD and receipt from the store available if people want to see that you actually did purchase it here (maybe even a blown up copy as part of your signage). Your best friend could be someone ready to make a major purchase and make “refunding that guy outside” a condition of the sale.
Good idea
At the risk of being obvious, if it’s the copyright security that is fucking you over then trading this disc for a new one will not help you. Because presumably all titles will have the same copyright security, no?
Have you tried playing the disc on another player? Before I trekked all over the country to find a replacement title, I’d narrow it down to: a) defective disc; or b) copyright security issue. If it was a, then I’d call Best Buy and chew them a new asshole. If it was b then I’d call the distributor and raise 10 kinds of hell about how their most excellent copyright security has made it impossible for a legitimate end user to play the disc.
What’s the movie anyway? I am into obscure DVD movies myself and I have found that most of them come from small distribution companies. Their DVDs are not always compatible with all DVD players.
By the way, are you using a stand-alone DVD player, or play it from a computer. In case of a computer try the latest version of WinDVD or PowerDVD or something similar. I was using an old version of WinDVD (3.1 or something) and had a lot of problems with such DVDs.
I am saying all these in case you get a replacement of the movie, only to find you have the same problem again!
I read these kinds of rants on various message boards frequently. People generally respond with suggestions of some kind of vigilante action to force the store in question to change it’s policy. What no one ever seems to suggest is contacting the Better Business Bureau. In a case like the one the OP described, it seems clear cut. He was sold defective mechandice and the store is making no effort to correct it. Store policy notwithstanding, that’s wrong. Call the BBB in your area (or since it seemed to be a fairly large metropolitan area, a consumer advocate at a TV station). It takes a lot less effort than fighting on your own, and is far more likely to get results.
Let me second khitch’s suggestion. I’ve had luck with the BBB before, and with a large nation-wide company like Best Buy, the odds are fairly good they will pay attention to them … Go to www.bbb.org and you’ll find all the info you need to get the process going.
And be relentless. As soon as they realize that you are not going away, that you are going to clog up their customer service process until they solve your problem, then you will get results. But don’t give them a reason to make you leave.
Bubbadog
And besides my having an objection to the use of Bubba by the OP, please let me clarify that Bubba is the one doing the fucking, not the one getting fucked. I’m sure the OP meant it that way. It just wasn’t quite clear.