We have already been over this. You are not forced to buy the 'open' copy. In fact, in most cases, if they catch you picking it up, they will say to just leave it. They have to have display copies and it cuts significantly down on loss if they don't contain disks, as those don't have any security on them and can easily be stolen.
The only time you have to buy those shelf copies are when they are literally the only copies available, and you don't have to buy them!
I swear, this forum is thousands of posts of the same arguments over and over. Ever week, we get the same tired ol' garbage recycled arguments. Next, we're going to hear about how the Xbox Kinect is spying for the NSA and how Forza is forcing you to put quarters into your Xbox One to continue playing...