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of course it is not valid. the letter of the law and the spirit of the law and competition must be adhered to. that ducati chooses to shirk this rule is that they are in the enviable position of having rossi and the powers that be will not fight against rossi. so now that the rule is broken everyone is going to do it. ducati has gained nothing in the real sense of the word. they are financially strapped and need every opportunity to make changes to next yrs bike in order to contend and perhaps keep rossi on their bikes to the end of his career.