But by diving he would be technically cheating. I do agree that refs need to do to a lot better at giving fouls when a player stays on his feet though. A striker having his shirt torn off his back from a corner should be giving a penalty for example.
I'm not bothered about technicalities. If you're being fouled and the only way for that foul to be given is to go down then go ahead. By not 'cheating' you're disadvantaging yourself.