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It makes no difference whose idea the test was, Merc is clearly in the wrong by participating with their current car and drivers. It is not a matter of interpretation. To say nothing was gained by Mercedes and their drivers is blind stupidity. Give Vettel, Alonso, Hamilton, Raikkonen, or any of these drivers extensive laps on a tire, and they are skilled enough to apply different driving techniques to increase its life and performance. I could care less if Merc and Pirella say they were testing a 2014 tire, because they will say anything at this point to cover their backsides, and they cannot prove that 2013 tires were not used because the FIA did not have an observer at the test. Also, who can say if Merc were testing aero bits while testing the tires, the only witnesses are the accused. The bottom line is this was a clear violation and the fairness of the remaining races has been compromised.