I believe that issue isn't whether or not you, Jude or anyone else on this site should be able to "talk" or "discuss" a given product on the site but rather whether you, Jude or anyone else on this site should be recommending fellow members purchase a product, particularly when, in the face of all the hard scientific evidence there is no proof that the product is worthwhile other than on a purely subjective basis. And more to the point under discussion that a high resolution download sound superior to the CD without conducting proper comparative listening tests.
Now of course the simple way around this is for you, Jude or anyone else on this site who makes such a recommendation to qualify that recommendation by clearly stating that the recommendation is based purely on subjective listening and that the recommendation runs counter to evidenced based objective reasoning. That I could live with (remember that is the "Sound Science" section.)
There are a couple points here:
-1- the most recent jude post that i think you are referencing is for the chesky binaural demo. This album is a collection of test tracks for testing your headphone audio equipment! Having the full final mix in all of its 24/192 overkill is exactly what you need to demonstrate whether or not hires formats are worthwhile downloads. a demo cd is the ideal candidate for one to purchase to test whether hires formats are audibly different.
-2- chesky is about the only studio i can think of that is releasing albums specifically catering to hifi enthusiasts using headphones. Whether or not you like the music styles or think that the 24/192 downloads are sonically superior is irrelevant. I am thankful that someone is producing headphone-centric music and I show support by purchasing the the demo album. I hope chesky continues releasing binaural recordings, i just hope that at some point he venutres outside the current box of genres offered and gets a little bit of vareity. Can't he get Rush to record a prog album for headphones? Anyways, the point here is that jude was encourging headfiers to support the production of quality mastered music specifically for headphones. While his suggestion to purchase the hires version isnt scientifically informed, it is economically informed--if headfiers dont buy binaural music, no one is going to make it.
-3- you neglect the possiblilty that jude is making the recommendation to buy hires in good faith. He simply might not have parsed through the scientific literature. Most people are not scientificly trained, and dont understand the difference between good science and good marketing. Furthermore, i bet most audiophiles want good sound, but dont want to spend the effort to understand the physics of good sound. I think a lot of audiophiles neglect science because it's too darn confusing to understand, especially with all the marketing noise out there designed to appear scientific to the naive. Before, you go on a crusade against every individual who doesnt understand the science aspect to audio systems, keep in mind that most folks simply cannot devote the time and mental capacity to study up on the subject. You have to patiently and persistently explain the science to the niave, because if you come off aggressive and condecending, you will be tuned out and everyone will be buying $10,000 power cables.