one thing you both agree on is its moving 
The question is whether there is an aero (read more downforce or less drag or both) advantage to using them. Ferrari's deliberate obfuscation is that they are there for brake cooling. If the teams can show the aero advantage the FIA would have to disallow them in a clarification and then decide if they disqualify or not. My intuition says there is an advantage and the fact that they are attached to the turning front wheel would make them a Movable Aero Device (MAD). But intuition often fails at the leading edge of development so i will wait to see what the FIA does. If they do nothing and there is an advantage then all teams will be doing it by the end of the season.!

But Ferrari will have gained a season changing leg up.
Maca's wing do flex but it does not improve the aero efficiency and this is why its not a major concern. (At least as i understand it) It does not generate an advantage. But as above i think the FIA relies on the other teams to prove advantage before they will act.
My sinister side says Ferrari is pushing the rules, being behind and all, and will muscle it down the FIA's throat. If they do nothing and there is an advantage, then the FIA is guilty of again using selective judgment in its rulings with respect to Ferrari.

Would not be the first time.

I still think mass dampers were an amazingly clever solution to using the entire chassis as a MAD. Renault pulled off a beautiful bit of engineering only to be told 2 years later that it was not legal! And all because the other teams could not make it work! go figure.
'For many people life is something that flits by while you are busy doing something else.' Alan Henry 06/07 F1-racing - The Rumble Script.
Or as I like to say 'life eats up a lot of bandwidth!'