I contacted eMusic after reading and corroborating your post. They said they would look into it, yet today I see they put several new 1201 titles on their website, again with tracks missing. They claim the record company is responsible for the error, but it's their decision to keep selling incomplete albums.
It is indeed the label that decides what to put up, how much to charge (for album-only downloads), and what to "fix" or not.
What you say is indeed true, but what eMusic sells is up to eMusic. Knowingly selling something that is incomplete is just plain wrong.
On a more positive note, check out fellow board member David Weiss' latest release Snuck In. A live date featuring David on trumpet, J.D. Allen on tenor sax, Nir Felder on guitar, Matt Clohesy on bass, and Jamire Williams on drums - it's a burner! And it's only 5 credits! ::
OK.........got the Weiss album. Thanks for the tip! (kinda sux for him to get only 5 credits worth of payment, though)