Meh, its legal in that they can't find its illegal, its completely against the "spirit" of the rules, they are willfully, purposefully making an illegal car that also passes the inadequate tests.
They are getting wing damage that needs replacing because the ends of the wings flex so far, no other team faces this problem(well except those guys who continually seem to make contact around corners) and somehow the FIA can't pick up on that.
Personally it feels a tad, unsportsman like, everyone, and I mean every single person knows the Red Bull wing doesn't follow the rules in the book, just that the test simply isn't capable of making certain the rule is followed. Considering no one else is willfully breaking this rule, and because of that Red bull have a ridiculously big advantage and have won a title due to it, its ridiculous.
Whats worse is, f-ducts aren't illegal, kers wasn't illegal(yet removed for a year), double diffusers weren't illegal, yet the one thing everything is 98% sure is illegal, wasn't changed.
Its a joke, Red Bull will ONLY be pulled back into the pack when all the other cars figure out one thing, how to make an illegal front wing that also passes the test, and thats just shocking. We won't have fair racing till everyone else figures out how to cheat perfectly, makes a bit of a joke of the whole competition to be honest.
All this when anyone could have easily focused on front wing for rule changes which would not only have killed Red Bulls advantage, but made for a more competitive championship. Sure last season was good in so far as 4 races went into the final 2 races able to win the title, but that was not more than 2-3 times because any car looked anywhere near a Red Bull, but because of their own huge screw ups, had Vettel been supported from the first race and Webber gotten out of the way whenever required, he'd have won with a huge gap many races earlier. Thats with Red Bull cruising to the flag in half the races last year aswell at no where near their top speed.