I think that's what it comes down to in the end. Everybody here can go on and on arguing whether Deko can or can't record. Whether he was right or wrong to do so. Whether NDR as guests (and in the spirit of the good relationship which has always been in place with FM) who use that particular Ventrillo server for Kyoto, CART etc should have at least mentioned it to the Admins (Fail and/or Popps). Whether at some point Deko should have told every participant "by the way I will be recording this for future reference".
It would have been nice to know in advance. If people were so unhappy after being told what would happen before the race then they could have always walked away from it. It just would have been nice to know beforehand.
If Deko is going to amend his procedures to make it clear in advance that in future events this will be the case then everybody can make an informed decision as to whether or not they wish to be a part of whatever event it may be. That would be something positive to come out of this whole business.