Audio or video element avoids automatically playing audio: passed example 2 should be inapplicable

[dd8]

Passed example 2 says:

This video element does not play for longer than 3 seconds.

https://act-rules.github.io/rules/80f0bf#passed-example-2

but it looks like it should be inapplicable because the applicability says:

This rule applies to any audio or video element for which all the following are true:

• autoplay: the element has an autoplay attribute value of true; and
• not muted: the element has a muted attribute value of false; and
• not paused: the element has a paused attribute value of false; and
• duration: the element has a media resource lasting more than 3 seconds and that contains audio.