Just because its "legal" doesn't mean its the right thing do, or the way things should be. I think SE should consider changing it, and I think that in time they will.

My personal opinion is that a previous poster was right, SE realizes that leve failing is the main gil sink in the game right now. Once the economy is stable (if it ever is) they will change leve failing mechanics. We will have to see how it goes.

I am coming back to try out the game again after the battle changes, but I'm not looking forward to dealing with leve failing parties again. I'll probably just solo again.