You are fully encouraged to talk about audibility as long as it is in the context of controlled test. Not random subjective remarks. I just post my double blind listening tests. Do you have anything like that for your claims?
At the risk deepening this argument...
I was looking at Steely Dan, West of Hollywood, Two Against Nature that I got from a high definition music site.... It has the same issue as this recording, but it also was mastered too loud.
Most of the song shows that I just paid for noise, and the noise extends to 44kHz for most of the track. As you can see from this screen capture, the noise goes to zero at 44kHz.:
But, since they had the volume at 11 when they produced this, I see that every time the recording clips, I get a big burst of harmonics above 44kHz:
If I'm following the bouncing ball correctly here, this is an example where another source of noise is being injected into the encoded file. In this case, it is the harmonics of the clipping. So this is noise from another issue in the mastering process I think I paid for. And that is definitely not some nuanced element of the recording that was missing in the original. The original is clipped too.