Inmarsat tell us the pings were 'all' at 40 degree elevations. Since we know where the first ping was transmitted (roughly), please explain how it got to the SIS, pinging at the same elevation all 7 times without tracking along the arc?
If I understand the complaint correctly, the complaint is based upon a fundamental error. The 40 degree arc that is plotted on a map is a two dimensional representation of a three dimensional reality. There is no claim that the plane moved along the 40 degree arc in two dimensional space, only that it moved along the arc in three dimensional space. If every ping happened along the 40 degree arc all the means is that the plane held to the same altitude for 7 hours, nothing more.
Either that or I do not understand the criticism.