The dev team is not empowered to make any such rulings. That's why most of us are here arguing it back and forth, along with everyone else. The Titans have generally refused to make rulings any such SMA things. And based on the level of research it would take to investigate and make such determinations, especially in a completely anonymous, non=-interactive communications environment, I don't see them making any kind of decision on something this big. It will, by default, fall to Tom to make any kind of decision on issues like this.
I would presume that Tom would at least talk to members of the Dev team when making such rulings though.