Mike my Friend , Sport's playing with words (and you) again .
As everyone in the world , dare I even say in the universe (the RC Universe , that is) knows , when the FAA says "I will fly below 400 feet" , they mean that as "I will fly no higher than 400 feet" . Now Sport , OTH , likes to interpret it as "I will fly below 400 , sure I will , and I'll fly above 400 feet too" . Now , since Sport isn't presently flying anything by his own admission , his words mean nothing to anyone who has actually read the statute , understands it's meaning , and has to live with it each time they take their model out . The danger of course is if someone who only has half a clue sees one of his posts and believes it , and has a problem while over 400 feet , maybe they will point the investigators to the repeated false info that Sport posts all over these threads and maybe he just might get him a visit by the FAA and get to do all kinds of wordsmithing with them . Not likely ? Sure , BUT ! I am sure in a court of law the FAA's interpretation will win out over Sport's .
Untill I see the FAA letterhead on the top of the decree that says , "sure Mr. AMA 80274 , init4fun , your more than welcome to fly above 400 feet" , I think I'll stick with the majority's opinion on this and keep under 400 feet just to err on the side of caution .......