No, I'm not saying that. I'm saying that right now, this very second, there are many things which may or may not be legal, it's uncertain. There are circumstances where (usually) companies will get legal advice from a top-tier firm, and that advice will be "we are not certain if this is legal or not", because there are no cases where this has been tested. This is more common than you might realize. It comes up often where new legislation is passed. Dodd-Frank introduced legislation and none of it had been tested in court and many banks didn't know if X was legal or not, because the legislation didn't explicitly say anything about X, but X might be covered under Y which is explicitly said to be legal or not. There are companies doing things right now and they aren't certain if what they are doing is legal.