Thanks for backing me up fireguy, not sure if it is detected. I CAN RUN IT. I had it working with Fraps as host. I did not get banned, my friend was using it (room mate) and he was using it properly. Although I can use it fine now just be careful I guess.
Just keep using it, if someone else gets into trouble we will know it is detected. And of course it doesn't work on XP, it needs aero to run.