Read the modification - if he's within 5% of the class legal sail area, then there's no hit.
Mark said he'd never use those sails in a class event, of course.
I'm a friend of Mark's. He was my first long-term skipper in catamarans and he's made incalcuable contributions to catamaran sailing in the Panhandle. I think, however, that gaming the numbers is poor sportsmanship. In Mark's defense, I'll say that he's only following others' examples.