Comment by Hermel

A good legal system provides legal certainty. It has clean and concise laws that are straight-forward to apply. In case of uncertainty, the responsible authorities should provide guidance on what they believe is the right interpretation. None of this has happened in the case at hand. The applicable (?) laws are not clear and the responsible authorities refused to provide guidance. This is poison for innovation and entrepreneurship as it makes doing business in the US unnecessarily risky. Resolving these questions in court should only be the measure of last resort as this process is slow and costly.