You don't understand.
An army of Tulane lawyers is going to come down with examples of undefeated teams playing and dominating smaller bowl games when they should have at least have played in a BCS game.
And you can shoot at that all you want but legally, to prove exclusion all they have to do is prove one occurance and the "semblance" of inclusion is gone, without action.
Kind of like putting up a sign saying beware of dog and not fencing in your fighting pit bulls.
You don't understand...BCS has a *semblance* of inclusion that did not previously exist...this has replaced the unspoken complicity of the bowl committees...