I don't think it is that simple. they have to show that Massa made his own mind up, FIA have to show it was more than that. It could go either way. But this is the best chance FIA will ever get and if that is not enough evidence then the rule should be removed.,
he should have, the difference is the FIA felt there was not enough evidence for team orders.
So the only difference between the Mclaren situation and this stiuation is:
a) Smedly's sorry comment
b) Smedly's magnanamous comment
c) Dejected Massa at the end of the race
d) "Is Felipe alright?" comment by Alonso
a) Can be interpreted as sorry you had to lose the place since you were slower.
b) Nice of him to give up the place, meaning that HE (MASSA) made the decision to give the place up.
c) Who wouldnt be dissapointed to yield 1st place? Doesnt necessarily indicate team orders.
d) Did Felipe have a problem with his car?
Add to that all the data and post race commentaries as well as the championship situation of both drivers, laptimes etc. If this is FIAs best chance, but its not much better than any previous situations.
You're right AcidHell, two wrong dont make a right.
But one of the wrongs was not penalised.