The debate isn't over legality. (If it was, the logical step would be for IRE players to be suing IRE, which has nothing to do with TMS.) It's over how TMS could more accurately label the games that use it. Adam can choose to sort or label games however he chooses here.
Advertising (what's in your blurb) isn't about being objective and accurate, unfortunately. It's similar to how various games can claim to be "best" without providing standards for the comparison. Yet Adam would be equally free to label games "TMS's Best/Worst Game of the Month".
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