JND (Foote)(expert witness)

[Richard Moody]

----------
> From: A440A@aol.com
> To: pianotech@ptg.org
> Subject: JND (Foote)
> Date: Saturday, February 07, 1998 4:51 PM
> 
>    There is a standard unit of measurment called JND.  This is for
'just
> noticible difference".  Differences less than this can be
disregarded without
> alteration of the validity of the equation.

snip

> Ed Foote 
> Precision Piano Works
> Nashville, Tn. 

Ed and list.
	Regarding standards, and the legal standing thereof..  
	There is a common practice in American law that allows judicial and
jury rulings based on expert witness.  That witness is only allowed
to testify after both sides and the judge agree, that he/she is
indeed an expert their profession.  
 Then what that expert witness says  becomes evidence that the jury
(or whoever) must consider without a doubt. 
	Now what expert witnesses usually testify  about are the standard
practices and procedures of their profession. Remeber the accuracy of
DNA testing in the OJ case. 
Wasn't it called "Paper Chromotography"? 
	Now in our case (as piano tuners) imagine for example an expert
witness is called to testify about what constitutes accuracy in piano
tuning.  The witness is sworn to testify what he considers the
standard practice and procedure of tuning at this time. If he is
asked, "is there a system of tuning regarded as standard that a great
majority of  his profession would agree", what would he or she say? 

"Equal Temperament" 

The defendent is called to answer, "Did you tune the piano in
question to Equal Temperament?"

If the answer is "Yes", then Ed's interesting idea of JND could be
called by the defense. 
provided both sides and the judge, and expert witnesses agree JND is
a standard that should apply. Perhaps the defendant would be called
to tune, and the expert witness evualuate, and the defendant's expert
witness evaluate.  Evaluate in ET that is.    

If the answer is no, "I did not tune in ET," well the defendant
should have pleaded guilty and settled out of court. Or sue his
lawyers for mal practice for ignoring or being ignorant of obvious
testimony of expert witness. 

Now all of the above is hypothetical, none of us will get hauled into
court for tuning mistakes.  Unless someone screws up R. M.'s piano so
bad with  a "better non ET temp." and costs R.M x amount of hours of
recording time at x thousands of dollars per hour.   

Richard Moody  the legal eagle.