I suppose this is my fault. Promising not to bring up an argument, and then only bringing up part of it. I don't want to again beat the horse we've killed so thoroughly in the past. And I hope I can refrain from responding to this one again after this post. (Fat chance, right?)
But my OPINION that this should be an out is solely rules based. My OPINION is that it SHOULD be an out, based on the rules themselves.
I recognize that JR has an interpretation that says it's not, and while I contend that their interpretation is not supported at all by the rules, I will call it their way on the field.
Fed has actually done the best job on this one, as they at least created an AR for it. The AR is not supported by rule either, but at least it's in the book as officially "approved".
I don't believe either main softball code has addressed this. I don't believe NCAA baseball or softball have either, although I confess my NCAA baseball knowledge is the weakest among all the rulesets.
I believe the foul tip rule was created so that we are to treat a ball that was touched by the bat so slightly that it caused nearly no change in the ball's trajectory as if it was not touched by the bat at all.
I don't believe the foul tip rule was meant to be warped to create this no-mans-land of a fouled batted ball that cannot be caught for an out.
I also recognize that I'm in the extreme minority in that opinion.