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There was a fundamental difference between Rossi's 08 move and Marquez's move. Rossi took an advantage from his off-track move, Marquez simply held the position he had, and besides, Rossi ran him off the track.
The rules are clear, a rider "must not take an advantage" where they leave the track. Rossi's 08 move was illegal because he used it to make a pass, but Marquez's move was legal.
He always makes good theatre though, so we won't let the facts ruin the entertainment...