Messed-up music controls - what is this!?

[ultrawhale302]

I have a week 38 16GB iPod Touch (my second, the first one was defective) and it has been acting up a lot lately. I am going to return it due to a stuck sleep/wake button, but i am curious as to why the following problem is occuring. About half the times I bring my Touch out of sleep with music playing, the 'slide to unlock' screen will look like this:
[IMG=http://img160.imageshack.us/img160/3413/dsc04097lq4.th.jpg] (http://img160.imageshack.us/my.php?image=dsc04097lq4.jpg)
As you can see, the pop-up music controls are there, but the song and artist is not listed. i can control the song with them, but when i click play/pause the song does pause but the "pause" icon (two lines) does not change to the "play" icon (the triangle). when i adjust the volume, a picture of a speaker pops up, VERY similer to OSX's:
[IMG=http://img178.imageshack.us/img178/1927/dsc04098ie9.th.jpg] (http://img178.imageshack.us/my.php?image=dsc04098ie9.jpg)
This gets rather annoying and i hav tried restoring the iPod TWICE and the proble m has not gone away. Any ideas as to whats going on?

EDIT: sorry guys, i dont know why this posted twice...i only clicked 'submit' once...moderators delete one of these topics...sorry