Sorry Sdruvss...
Sorry to see you go Sdruvss. But it indeed seems that we all have gone as far as we can go on this discussion. And we are now just repeating ourselves.
I would love to hear the tapes of the talk between São José and the Legacy (I hope someone is keeping them intact). The tapes will not lie.
Of course when approaching Brasilia the Legacy pilots said were they were and their altitute (they thought they were following the last flight plan cleared by ATC in São José). ATC in Brasilia wished them a nice trip and that is all. Yes, they were before Brasilia.
But when they were after Brasilia with the transponder ON the screen in Brasilia showed 370:360, that is, they were flying at 370 (the first number is the transponder data). Let me repeat the 360 entered there automatically without requiring that ATC talked to the pilots to confirm this. The International Association of Controllers in their report felt that this software was kind of odd, with such a data entering in the screen automatically. ATC said that the Legacy was being followed in their radar... This of course calmed the pilots of any aprehension they could have abou what they were doing.
Then the transponder went OFF and for almost one hour the radar screen showed that the transponder was off and that the data was not reliable: 360Z360, the first 360 coming from the automatic entrance of the original flight plane and the second coming from a military radar that everyone knew was unreliable for altitude. ATC did nothing and even when finally they talked with the Legacy, close to the disaster time, it was to tell them the frequency they should speak to Manaus.
Even if the pilots misunderstood the clearance from ATC in São José and thought they could fly 370 until Eduardo Gomes Airport (Manaus) there was plenty of time and opportunity for ATC to correct what proved to be a colision route.
But I guess I will become quiet too on this issues from now on until we have new data.
Regards to all.