Very well stated, and I agree a defense exists for the accused.

Gaming tests and parameters doesn't seem too far fetched to me. In high school one class allowed for one 3x5" notecard to be brought to the final exam, and it could have notes written on it. Following the letter but not the spirit of the rule, I used a razor blade to gently split the notecard and was able to peel it open for about 70% more writing space. Though a technicality, I did manage to use my device with approval in that case.