QUOTE (DanardiF1 @ Oct 9 2010, 13:36)

Exactly, and the rules are the defining factor... if your car doesn't comply with the rules, which initially state that a car must comply with all rules at all times of a race weekend, then that team should be punished for running an illegal car.
If the wing passes the test before and after the race, it can be considered legal. At least that is how RBR would argue its case. And there is a distinct difference in the meaning between a movable device and a flexible device. If it were truly illegal, then all the other teams the FiA and all their lawyers are simply amateurs., being seemingly unable to prove that RBR is cheating.
It's quite illuminating to see how people have argued on spygate. Some of the very people that claim RBR is cheating right now, told us then the FiA cannot prove that McLaren was cheating, hence McLaren should not be guilty. I can accept that, but then I must also accept that so far nobody has been able to prove that RBR is cheating.
The idea has been floated that they use images as evidence. Fine, but that is a major change in application of the rules, and shouldn't be done during the season. If they did that from next season on however it will be the death of F1. Teams wouldn't stop to present visual evidence of other teams cheating. The championship will then be decided in FiA court rooms, instead on track. Looking at the images presented and how different people come to different conclusions it's be a waste of time on top of it too.
So IMO we need to consider consequences. IMO it either leads to total war in court rooms, or F1 finally becoming a spec series. Nobody, except the former FiA president would be happy with that.
And as long as the other teams don't fully understand how RBR achieves what's happening on their car, as long there can't be a serious discussion how to limit what RBR are doing and if it's truly illegal.
Sorry to be so frank, but IMO this declaring RBR car to be illegal by some fans, sounds like lynch justice to me. In other words, we know better than the law, which as I already wrote, would point to other teams, FiA and their lawyers to be amateurs. And we know that's not true.
As for me, this year championship winners will probably nobody that I care for. However if RBR/Webber get the job done, congrats to them, they deserve it, as would anybody else.