Seismica
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This is from the summarised section rather than the detailed listing of the rules. It highlights the debate at the moment though well.
The function of the DRS is never debated. Forget about what the DRS does and just see that it is the ONLY aerodynamic change that the driver can make from the cockpit. So if you are not driving a Mercedes, this button opens the rear wing flap and all is as stated.
Driving a Mercedes however, you push the same button and the same rear wing flap opens. The question is then the system which operates off the back of the DRS. What has caused it to work? The duct was covered before, but has the DRS opened it or the driver? Because the driver definitely sent a signal via a button which has affected both systems.
To me, its equal to the "what came first, the chicken or the egg?" debate. One system does not operate without the other. So you can argue that the cockpit button controls both systems making the second illegal. Or you can argue that the button operates the DRS only, and the second system begins only as an effect of the DRS.
'any system, device or procedure'
The system in question is the DRS. As the system is completely passive, they can't justify banning the Mercedes solution without banning the driver activated device that allows it to work, hence banning the DRS itself. There are no moving parts, no moveable bodywork and it does not change the characteristics of the bodywork, only that of the air around it. They could ban the slot in the rear wing endplate, but on what grounds? There are no rules against having slots in that area of bodywork, slots are only banned in areas explicitly stated in the rules.
I just don't see how they can ban it, it's not driver operated in the same sense as the F-duct, it's passive. They had the same thing on the car last year, they have simply moved the slot to somewhere else.