it's still stealing if the anti-theft mechanisms in the store don't go off, right?
Terms of Service likely stipulate this sort of thing. Just because they aren't enforced with technology doesn't make it legal.
Some of you guys have a promising career waiting for you at the RIAA.
IMHO it'd be more of a Tragedy of the Commons type of scenario, where a few users taking advantage of loopholes in the rules might hose the deal for everybody.