Yeah, the judge's gut-feel decision that using tetrominoes is not part of the functional rules of the game seemed absurd to me. But hey, when you are the judge you can more or less decide however you want, and the only one who can say otherwise is the next appellate court.

Disclaimer: I made the "art" for Xio's game (i.e. I picked the colors and drew all the tiles and menu buttons etc. on my laptop in photoshop) as a favor to my friends, so am not an unbiased reporter. As a reward I got to sit through a long deposition. :-)