Though you state this as a fact, I would stronly argue that.
Quantam physics has already started to prove* that properties, elements, etc. act differently when studied, as if they're aware they're being watched.
OK, this is kinda like eating your cake and having it. You can't accuse me of relying on measurement without also acknowledging that these supposed flaws are also based on measurement
of the same data.
The visual representation of a 10kHz sine wave at 44.1kHz
looks like a square wave, that was argument #1 (since set aside by some). Why is the visual representation of the time domain accurate, but the visual representation of the frequency domain inaccurate? It's the same data! Does a 10kHz sine wave sample
sound like a square wave? Does it contain any 20kHz harmonic when represented in the frequency domain, or played back through a D/A? No. Does it contain any ultrasonic harmonics when played back through a D/A? Yes, but as I have measured, at less than -110dB relative to the fundamental. Can you hear a -110dB harmonic with a full scale fundamental? You can answer that for yourself using much lower frequencies, to make the test easier. But that still isn't a fair representation of just how low such distortions sound, because none of them are audible spectrum.
If we decide we truly need ultrasound, say to 40kHz, you do need to set your converters to 88.2 or 96kHz. You also need to give some hard thought to your microphones and your tweeters. Pretty much, ribbon tweeters will be mandatory--metal domes have ultrasonic resonant frequencies; fabric domes have flatter ultrasonic response, but with poor transient accuracy. I've been thinking about adding ribbon tweeters myself, but I'd have to change my crossovers and add a midrange too, so I've put it off . . .
Your comments about Heisenberg apply equally to digital and analog recording, by the way. Analog recording is a continuous measurement so far as human beings are concerned, but at the subatomic level, it has to involve individual electrons. So if playing back a tape is a measurement in the sense of quantum mechanics, it is equally unreliable.
The good news for the h8rs out there is I have completed my "real world" test of quantization distortion using my organ pipes, and I will post those files this evening, at which point I'll be done unless there is another aspect of digital recording anyone would like me to test . . .