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That could be simply because the tape was confiscated before it was used. If you want to extrapolate that to mean, "The Patriots would not have gotten an advantage even if they'd gotten away with it." that's speculation.
But I don't have to make that extrapolation because it's a moot point, and I haven't been arguing it. And, I've never made the extrapolation that "The Patriots WOULD have gotten an advantage if they'd gotten away with it." That's a speculation that, clearly, you did make at first. However, it needs to be noted that, under the "different interpretation" argument regarding use for future games, saying that there would have been no edge gained in the game at hand would not, in fact, be extrapolation. It would be, in fact, the precise argument of Bill Belichick.