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I think it's a reasonable position to take. Reducing the scope of fair use to strengthen copyleft is a double-edged sword, as it simultaneously makes copyright laws more restrictive, such a ruling can potentially be used by proprietary software vendors against the FOSS community in various ways. It's an issue that requires careful considerations.

> Where Did We Go Wrong? TRANSFORMERS were essential elements of EVERY balanced interface 50 years ago ... High noise rejection was taken for granted but very few engineers understood why it worked. Differential amplifiers, cheap and simple, began replacing audio transformers by 1970. Equipment specs promised high CMRR, but noise problems in real-world systems became more widespread than ever before ...Reputation of balanced interfaces began to tarnish and “pin 1” problems also started to appear!

> Why Transformers are Better. Typical “active” input stage common-mode impedances are 5 kΩ to 50 kΩ at 60 Hz. Widely used SSM-2141 IC loses 25 dB of CMRR with a source imbalance of only 1 Ω. Typical transformer input common-mode impedances are about 50 MΩ @ 60 Hz. Makes them 1,000 times more tolerant of source imbalances – full CMRR with any real-world source.

> CMRR and Testing. Noise rejection in a real interface depends on how driver, cable, and receiver interact. Traditional CMRR measurements ignore the effects of driver and cable impedances! Like most such tests, the previous IEC version “tweaked” driver impedances to zero imbalance. IEC recognized in 1999 that the results of this test did not correlate to performance in real systems... My realistic method became “IEC Standard 60268-3, Sound System Equipment - Part 3: Amplifiers” in 2000. The latest generation Audio Precision analyzers, APx520/521/525/526, support this CMRR test!

> One of the big claims for many audiophile op amps is lower noise. The chip manufactures make a big deal about it and audiophiles, not surprisingly, have jumped on the bandwagon. But, in reality, it’s often the Johnson Noise that limits the noise performance of a headphone amp, not the op amps. Johnson Noise is, literally, self generated noise that’s present in any resistor. The larger the resistor value, the more noise you get. Many DIY headphone amp designs have the volume control at the input to the gain stage. And it’s, at the lowest, usually 10,000 ohms. By comparison the O2 has 274 ohms in series with the input. That’s a huge difference in Johnson Noise. The way volume controls work, the noise is typically worst at half volume where you have 5000 ohms in series with the source and 5000 ohms to ground. So, at typical volume settings, you get a fair amount of Johnson Noise from the volume control that’s amplified by whatever gain your amp has. That noise typically exceeds the op amp’s internal noise. If you put the volume control after the gain stage its Johnson Noise is no longer amplified. And, as a bonus, the volume control at lower settings now attenuates noise from the gain stage. For more, see O2 Circuit Description and Circuit Design.

> To put these numbers in perspective, referenced to the old 400 mV they’re –105.3 dBr and –108.2 dBr. On the exact same test, at half volume, the Mini3 had nearly 11 dB more noise and measured –94.5 and –97.5 dB. Noise of –113 dB below 1 volt is under 3 microvolts.