Heck, that's true of anything played through a mePod with buds, regardless of RMS. Go back to normal dynamic levels, and the users will just turn up the volume to dangerous levels anyway.
I guess the way I see the Big Picture here is that the RMS wars are already starting to die of natural causes. There is already debate amongst the label record producers over this issue, with some of them switching to the dynamics side already. Granted, it's not all of them, probably not even a majority yet, but the tide is starting to turn. In hip hop, we're starting to see a maturation in technique and philosopy amongst the Big Boy producers with some of the best discs of last year coming out far more layerd, textured, and dynamic that we've been used to seeing. Amongst the engineers, mixing AND mastering, there is already majority consensus that the RMS wars are a bad idea. About the only ones that haven't caught on there yet are many just now jumping into the home recording game and are still a bit behind the curve on understanding the issue.
I'm not saying that we therefore just let the issue ride. I'm just saying that the answer, IMHO, is to educate, not legislate.
Defining "standards" or "certification levels" for RMS is an over-reaction to the problem, IMHO, that is as artificial and restricting an idea as the idea behind the RMS wars is. It also both displays and fosters an ignorance of how mixing and mastering actually works, and ignores the whole idea that is preached in these forums constantly: the content should drive levels, the levels should not drive the content.
Mastering by numbers is not the right answer for pushing dynamics any more than mastering by numbers is the right answer for pushing volume.
Here's my idea of a BETTER SOLUTION:
The public should be given a choice. But let them make the choice at their end, at playback time.
IMHO, we should stress *good technique and artistry* in our mixing and mastering, dialing in the dynamics to fit the vision of the song, letting the RMS fall where it wants to, getting back to actual high-fidelity product without the RMS wars.
If the user is that tin-eared that they can't hear the advantage or prefer listening to pancakes, or that lazy that they can't control the volume themselves, then let the manufacturers address that by resurrecting a modern version of the old AGC (automatic gain control) switch on the playback devices. This switch would basically be an On/Off switch allowing the user to select whether they are hearing the mixes au natural, or whether they are hearing them through what is basically an on-board limiter that allows them to hear everything at an RMS-normalized volume.
I'll bet you it wouldn't take too long before we found that most users wind up leaving that switch off after a while, after having the self-experience and self-education that the switch provides, and realizing that dynamics actually do sound better than pancakes.
In the meantime, that one little switch gives the engineers what they want (quality engineering and production), relieves the producers of having to fight the wars (let the users set the battlefield instead), gives the manufacturers a new feature they can market (our AGC is better than your AGC), gives the users personal choice as to how they want their music to sound (dynamic or flat), and it does it all without artificial legislation or bogus certifications. EVERYBODY IS HAPPY.
G.