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He did go back to previous position and that's exactly why it wasn't illegal and he why he wasn't penalized.
Again, what a bs you are talking. After corkscrew move Rossi never back to previous position, it was in lap 14.
Paolo Ciabatti stated his viewpoint very clearly: "If I was in the place of Race Direction at Laguna Seca in 2008, I would have given Rossi a ride through."