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No one is trying to justify anything, and no one is saying Audi should get a break because of other things that have happened. Whether Audi should get a break or not depends only on the details in their appeal, which we don't know yet.
Toyota didn't fail the test because the test is not good enough at enforcing the rule. Not because they found a loophole in the rules. I don't think there is any way to find a loophole when the rules clearly state "no movable parts or elements". Yes, you can try and do it and not get caught, but not everything you can get away with is legal. I would say that is cheating, and not unintentional.
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