It will be banned regardless of whatever loophole they find. The FiA aren't going to enjoy having 12 teams complaining that Renault's technology goes against the spirit of several separate regulations - and arguably makes a mockery of a least 1 outright ban (Active Suspension) and maybe another (No moving aerodynamic devices).
Its not active if it does not adjust in "real time", and it is not an aerodynamic device; heck it doesnt even have to be suspension.
Also, 12 teams cant be complaining as probably 2 are already using something like it, and another is using an 'adjustable' rear wing and the FIA set a precedent by allowing loopholes to be exploited.
I think the FIA brought this upon itself by allowing the Double diffuser. The regs about the diffuser had a clear intent... the double diffuser loophole turned it around and now there's a whole can of worms opened and a precedent set.
Came out fighting indeed.