The law is quite clear
I think the discussion between A Lurker, dave747436 and Desertia has clearly proven that the law in this is clearly not clear or straightforward and it is perhaps it is this grey area that the court case in Feb will rule on.
While I disagree with much of the way that BASSA has handled this it is welcome that Lurker is here debating the finer points of this dispute. Perhaps this willingness to engage in debate, discussing the issues, is something that BASSA could learn from.