No Absolute Silence
Since it can be proven that there is NOT absolute silence coming out of ANY electronic equipment, NO two silences can be a perfect match, thus nullifying & voiding the alleged copyright violation.
Keeping the two CDs side by side without playing them won't do the trick either because of ambience's background noise.
Even the human ear is incapable of hearing total silence. Tiny hair- like receptors in the middle ear I believe, vibrate spontaneously generating a residual "ringing" (at around 1 Khz & up I believe) that's constantly heard in the background by every human being (even deaf ones) to a degree or another.
They can always claim a violation in the vacuum of outer space where total silence is the rule, but then any monetary damage would be limited to astronauts & members of the Space Station.
The defendant in that case may very well use the ear internal "ringing" defense.
I believe they have a valid point there.
Furthermore, naming a song "Silence...etc..." under these circumstances turns its listening into an oxymoronic experirence, IMHO.
Ps: Those tiny receptors are the first ones to die when exposed to sound-noise exceeding 130 db for long periods of time (ie:loud concerts & portable players). They are not replaceable by any means, and are the main cause for most of the progressive deafness going around young people.
|