Well, airpolice, that's the biggest load of crap I've read in a while. If you bother to read the article, the aircraft got to 15nm nose to nose before a third party pointed out the conflict to the controller. So, that is some pretty crappy equipment if it isn't squealing earlier than that. At FL400, lateral avoiding action involving commercial jet aircraft in the described scenario might get you a mile or two- at most. The only way you might save it is with vertical.
Agreed separation? Know about each other? Non issue? You might be better off restricting your opinions to things you know about.