I was about to buy them when I read this thread. It doesn't matter to me whether you categorize them as 'active' or 'passive', the real issue is the poor design. If you are going sell a device where the effectiveness will degrade over time, you need to let the consumer know or give them an option of replacing the battery. As the years pass a lot of us change gear and then see if our tweaks are still effective. People are going to be confused, did they really help my system or was it my imagination. And lastly, when these start showing up used on various sites, will the buyer be aware that based on the age of device it's effectiveness will be impacted. Shouldn't the device have an expiration date?
I believe these devices work, I sincerely hope Jack Bybee redesigns them properly.