From my understanding it does have a digital filter but that's defeatable under user control - if so then I'd say it has the capability of acting as a NOS DAC in one configuration.
It is different;
There is no digitial filter nor an analog filter (the latter is easy to apply by anyone but is moot anyway). With this comes the *rule* that filtering is to be applied in-(PC-)software be it in real time or offline. In the mean time there's about nothing in the signal path and let's say that the sheer goal was to have it completely neutral. But why actually that ?
So any Hires could be compared to Redbook while the DAC behaves 100% the same electrically in all cases. This by itself is to be controlled by the PC software again which decides to upsample/filter to what rate. This is really how it started out for myself as a DIY project and only to get the real merits of Hires. That in the mean time I was intrigued by how horrible measuring could lead to listening pleasure was another part of the project and from that came the non-ringing filter.
Anyway, when Redbook is upsampled to e.g. 88.2 and compared with a Hires of 88.2 (which would be DSD based to stay on topic somewhat) the NOS1 by guarantee is electrically 100% the same in both cases. Also notice the importance of buffer sizes which in case of the predecessor of the NOS1-USB from today (the "old one" which Bruce obtained) could be as small as 1 2ch sample of 32 bits @ 384KHz. And since it won't go lower than one sample, that too could not be influencing (try a Weiss and see the difference).
For you Opus, the perceived glitching at the higher rates (PCM1704) is diminished by the higher upsample rate (thus better filter) which is the most easy to see by the THD figures already. So, most probably the higher distortion from R2R glitching will be audible (at least that is what I think) but with better THD figures to begin with, what to say. Next though, because NOS = NOS and filterless, here too it can the most easily audibly be compared because when we'd be afraid of higher distortion at the higher rate, we just dial in the lower rate. It is all too simple actually, but, part of a strategy of course. And in this case this includes the in-PC software which is 100% part of the game. Without that it's "stupid" NOS and I learned not to like poor figures.
Lastly, since I think you are interested in it, it is not much known (because I don't tell about it) that a 24 bit 192KHz (not upsampled) 1KHz test signal (@ -3dBFS) measures 0.00034% THD+N. This is is indeed way better than the TI spec, but a. I use 4 per channel with some tricks, b. the couple of 1000 PCM1704U-K I obtained are *better* than the U-K ratings (had them tested by TI themselves) and c. there is more than D/A chips alone.
One thing : The figures we look at through NOS are genuine and include the impulse resonse (which is "infinite" disregarding any sample rate but regarding the used slew rate and all), while the 0.00000less% figures of something like a Sabre ring the room apart.
Peter (sorry to be a bit enthusiastic

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