As long as the information only relates to Merc's 2019 BD, the information transfer doesn't need to stop. RP would probably have signed a contract that said they're allowed any brake duct designs Merc used during 2019. I saw an interview with Toto that said something along the lines that the 2019 brake ducts were sent because RP needed them for either a media day or pre-season testing and they didn't have their 2020 BD ready to attach to the car. But this wasn't NEW information for RP, it was information they'd had for months. Using "illegal" components in pre-season testing isn't a problem, cars can't be protested until they're actually used at a race event (e.g. Merc's DAS couldn't be protested until the first race of the season). Testing is basically just an opportunity for all the cars to turn up and drive round.The thing is when it became known that BD is in the listed parts, the knowledge transfer should have stopped, especially if it is obvious that they will only use it on 2020 car. Haas I believe asked about whether they can use Ferrari ducts ( I assume they want to get it before 2020 ended but after BD is known to be in the listed parts) and they were told they can't. Surely RP didn't simply buy something that they can't use? Also I haven't really looked where the info comes from, but some people are saying about they actually use the ducts that they received from Merc because they can't produce their own on time.
If Merc have a contract that says "RP have access to any brake duct designs used on the W10 during the 2019 season, and they can request physical copies of the brake ducts", then they send them. This doesn't break the rules and it's not up to Merc what RP decide to do with the designs they legally acquired. Saying that supplying BD data after they were made listed for 2020 is like saying that a shop is liable for conspiracy for murder if they sold someone a kitchen knife they then used to attack someone.So for me, if Merc know that RP will only use the RBD for 2020 car, they should stop sending RBD related stuff to RP after BD is included in the listed parts. Failed to do that is basically conspiring to help RP copy their car parts which If RP asked FIA at that time (when BD is known to be in the listed parts for 2020) whether what they were doing is okay, FIA would say no.
The issue in question is just Brake Ducts, and while they do make a difference to performance, it's not the difference between a race winning car and being at the back of the field. The penalty is an estimate of the benefit that RP gained from using those RBD over the course of the season (i.e. maybe 1 position higher every 2 or 3 races than they'd have otherwise achieved), because they got to spend the engineering effort elsewhere to improve the car.The annoying thing is that the penalty is basically just a slap in the face and they can keep using the design for the rest of this season and next season and nobody else can do the same thing that RP did because the FIA want to ban RP style copying for 2021 so basically locking RP advantage in 2021. Of course it is only an advantage if others can't produce something that is close enough in performance to a W10.
The penalty isn't "15 points + reprimands", it's "an estimated points gain from using the parts they shouldn't have across the season + reprimands". And the reason they got that penalty was because of the change in status of the brake ducts. No other parts underwent the same change from 2019 to 2020. And that one case has definitely been clarified as to be not allowed. They took away the advantage they gained, so I'm not sure how that then results in them coming out better over the year.As DiResta said: if the penalty is only 15pts + reprimands it sets a precedent that would allow other teams to do the same eg Redbull to give AT a bunch of stuff, take a one-off hit but come out with way more net points.