Pay with Loop: mobile payments for unmodified point-of-sale systems

Interesting take on mobile payments. There are a few questions that aren't answered on this project page though.

1. Does a 'recorded' card count as a card-not-present sale?

2. What about card skimming? I would think this sort of broadcast would be easier to pick up with a less-conspicuous skimmer device. Also, if this technique gains popularity we might see people using skimmed cards through this or similar hardware.