Nope, they've just invented something that passes the FIA test but looks to behave illegally otherwise.
But thats just it. The tests are used to enforce the rules. If it passes the tests, its legal. Simple.
Wether the test is borked is another argument, but the argument that the Red Bull parts are somehow illegal and yet being allowed to race is just wrong.
Good article on it here:
http://www.manipef1.com/blog/articles/72/
Basically, its pretty impossible to accurately measure wing flexing.