What you're saying makes perfect sense, but law is weird. I would probably talk to a lawyer before assuming that something technically obvious is actually interpreted correctly by existing law.

Sure, if we were all flush companies then filing suit over things like this or risking lawsuits when we know we are correct would be perfectly reasonable. But when you don't have the money or time to fight legal battle -- even one you think you should win -- you have to appeal to the court of public opinion instead.