I have 3 audio CDs which contain also a data track.
My CD player shows the first audio tracks as #1, while picard and the musicbrainz DB have themm as #2.
While the latter is probably technically correct, from the practical point of view it is not correct to show data tracks and offer them for tagging.

picard should be improved to properly handle data tracks when looking up audio CDs, and properly hide these tracks when tagging flac files (for example).

http://musicbrainz.org/artist/33cf029c-63b0-41a0-9855-be2a3665fb3b