I don't know, was the quality of the silence the same? I would expect that what the court heard was a record that through time might have some pops and whistles. Cleaning it up digitally would be altering that version to infringe on the new version. LOL But actually this could be the arguement or are they arguing that the idea of recording silence is the copyright, not the actual silence. I can't believe the court actually listened to compare. Maybe it's the heat.