Perhaps they shouldn't be harping on the point about the cookie directive with equal weight then, as they are. It's as if they have an equally asinine rule that footers must be blue and Google's footer were red. Even if the other 3 points are valid, they're undermined by having a nonsense point alongside them. A point that is incredible silly to any sane person alongside other points that require a more nuanced understanding of the issues is detrimental to the overall argument.