Looking at the rules posted on here somewhere and relating to, specifically, the DRS operation ..... it excludes any movement of the flap without being under the control method of the driver and through the mechanism provided.
This doesn't appear to impinge on those words ... it does however bend within it's structure to distort with considerable deflection and ultimately change the aerodynamic gain a wider cross section of flow will give by going through the resulting gap between the two components.
The FACT that it bends evenly at BOTH ends, this without flutter or anything else that would suggest error, says it's designed to operate in this manner. The movement of both sides the same illustration of competency in manufacture and therefore design, shows its stepping through the rules carefully.
I wouldn't call that "cheating" but it does encompass design and execution to run "parallel" with the rule's written word and interpretation to give a very obvious affect that those words in particular don't adequately define.
Another rule being "rigidly " fixed, which it also seems to comply with.
We can all see what they're doing, along with it's successful gain. Either it's clarified and closed down by the FIA or the invite goes out to all the others permitting them to follow