I like your idea of a more permanent indication of the seal being removed, but GS/EB would probably just put a big sticker over it saying 'new game, really, but don't forget to buy our new game insurance for only $4.99!'.
It's not 'biplanar', it's stereoscopic. I suppose they could use something like what you describe to reconstruct a stereoscopic view of a 2d film, but in practice they are more sophisticated than that. I know you're trying to simplify things, but calling it biplanar is selling it way short.
Don't get me wrong, I hate just about everything about this 3D fad, I just think you are confused about the implementation.
I agree with you about the judge, but that doesn't mean Sony did the "proper thing". I think we can safely blame both of them.
Either way, only half the light (minus absorption, plus leakage) is reaching each eye. Whether it's shuttered or polarised, it's going to be half as bright as showing the same image for both eyes and taking off the glasses.
The one day you'd sell your soul for something, souls are a glut.