mitch2,
That seems like saying "If you bought a stone you were told was a real diamond, and a jeweler examining shows you it's only
cheap Cubic zirconia, how does that 'prove' it's a fake diamond?"
Er...that's pretty much what it means to be a fake, a scam, snake oil: a false claim.
Per Wikipedia: "Snake oil is a euphemism for deceptive marketing,
health care fraud, or a scam."
The term "snake oil," has been used in high end audio to describe products that make false/deceptive claims. It's especially been attached to the tweakier side, and in particular cables, as I'd think you know. In other words, the idea that many cable/tweak companies make deceptive claims about the performance of their product, using misleading marketing claims and technobabble.
IF Gene proved a product's extravagant performance claims false - showing they produce neither objectively verifiable difference nor subjectively (controlled tests), that would be essentially the definition of "snake oil" being exposed.
Which is not to say SR products have been so determined. But it just seems very strange to suggest that if a customer is "happy" then a product isn't snake oil or there is no scam involved. Do you think if you someone sold you a fake diamond, as long as you happily believe the false claim that it's real then there was no scam involved? Surely you don't really think this way, so why would you use that logic for an audio product sold on false claims?