Shy Torque,
It may have been intended as a rhetorical question but isn't the point that the CAA are trying to tell us that such actions ARE a criminal offence, whch they can prosecute one of us for, when they want. If FL is reassuring us that it is NOT, then we are safe to assume that the CAA are bluffing. They haven't taken a case yet............... yet alone won it! But do you want to risk your licence and livelihood?