Well theres two thoughts here really, Demon that isn't the rule as I understand it, thats one simply saying the mechanism to secure the front wing to the main body and it can't move or flex from the movement of the main body, it also has to be attached to the chassis and not to the wheels or springs/anything involving the springs, IE when the main body moves up and down on the springs the wing should move with it.
Now it might slightly apply as the wing does actually seem to, from some pictures, "dip" forward, which would suggest part of the wing isn't rigidly secured. However that rule again is really talking about the section that clips on, not movement on other parts of the wing.
As I understand it the rule in question goes along the lines of "the wing must at no time get within X distance of the ground" . IE the wing can't while standing still be 5cm's above the ground which is the rule(guessing distance, can't remember it offhand) but can't flex under use so that in reality its only 1cm off the ground. The wing has to stay above this certain distance, thats the rule everyone is up in arms over as it seems ridiculously clear from every single race so far that all cars(actually was it Ferarri the other race their wing started looking a little, bouncy for want of a better word?) except Red Bull, the distance between wing and ground seems the same on say a McClaren, on the grid, into a high speed corner, down a high speed straight, under breaking, etc, etc, etc.
This is the fundamental issue, under race conditions that Red Bull wing seems to be all the hell over the place, bouncing up and down, WAY closer to the ground than EVERY OTHER CAR and it seems to be in certain stituations.
Breaking the rules isn't the aim of the teams, getting as close to the edge is, having a test unable to officially catch the problem doesn't mean the problem isn't there and that what they are doing is fine. The stupid thing is video is widely available showing the wing in different positions, and other cars don't show this, the specific rule says the wing can't flex as much as it VERY clearly is.
The wing as I understand it is also supposed to be rigid and fixed in position, in technical terms the wing might not actually be flexing, I think of a long piece of wood, put a weight on both ends with support in the middle and the wood will bend, thats flexing. The wing does in some pictures look more like its tilting forwards at an angle. If thats how the wing is working ok, officially its not flexing, and the flexing test might not catch it. But again AFAIK the wing isn't allowed to tilt and its still not supposed to be more than a certain distance from the ground. Its breaking several rules as far as I can tell, it flexes or "tilts" which it shouldn't, and this allows it to get closer to the ground, which is another separate rule which its also breaking, if its also basically a moveable part, either through some incredibly fancy technical term like its rigid until it has a current going through a material(thats from Batman Begins btw
) or through a driver controllable option that can be turned on and off, thats another rule they could be potentially breaking.
Why they can't video the car under high speed conditions with one of those uber high framerate camera's and compare the wings position relative to the chassis(as that would show obvious movement as the rule Demon showed clearly state the wing should be rigidly secured to the body). The problem appears to be red tape, officially they need a test they can do any time on any car to prove a break in the rules and they haven't got a test that catches it in the act.
The problem they might have is, if they finally announce they will change the test or check video evidence, they can plonk on a new rigid wing for the rest of the season and not get caught and keep their points. Red tape will probably prevent tape from before any new rule is brought in, from being used as evidence.