You are all looking at the situation from the perspective of common sense. But you need to look at it from the perspective of the rules, old or possible new ones.
It is very difficult to correctly formulate in the rules the difference between flying on a wisp from left to right (as Dark did) and flying on a wisp from top to bottom (as on an ifrit in the other screenshot).
In order to introduce a strict and clear concept of "illegal scouting" or "illegal moves," it would require a lot of text, and even then, there is no guarantee of success. And even if such a rule correctly describes Dark's situation, it is not a fact that it will describe other similar situations equally correctly.
Therefore, I say that the rule should be simplified.
Added 3 minutes later
It depends on what is considered the "judges' decision." If "Dark's action is allowed by the rules," then yes, it is a mistake. But if "Dark's action violates the rules, but there is no need to punish him for it," then it is correct.
Discord Iamsamstan#6087