Yeah I always thought it was kinda crappy that my OEM copy of Nero is basicly worthless outside of it's target -- and while I wouldn't say it's discrimination however you could say it's a lesser form of false advertizement. People buying drives simply because it has been bundled with well known "good" software only to find that once that drive becomes outdated or the newer version has more features that you can't utilize any kinda upgrade simply because it is OEM.
I can respect the fact that both drive manufacturers and software companies both take a bite of the cost pie to deliver there software to more people while making less money, however a respectable company would be better off labeling there OEM product with a name extension like NeroLite or NeroSE. That way when customers purchase there bundled software that is more properly labeled they can't take advantage of special offers (like this one) for Nero unless it is labeled for both Nero and Nero SE. Peronally I find the discovery of dissappointment a turn-off from building a loyalty to a company.
Trouble is Nero is only guilty of following the common standard, as with most anything PC related if it ain't retail you should expect limitations.