Yes, indeed, but as we would have it, common sense and the spirit of the law sometimes go beyond the comprehension of your average hungry mid level bureaucrat...

Bonafide residence or 330 day rule are not in question, but the place where you perform your services... key words "international waters"

I agree, the drive might be doomed to failure, but in the mean time, someone has to pay the lawyers to defend it, and believe me, not cheap so far...