I have to agree with Vince's explanation of the rules but I am thinking that 
we are over looking one rule here that I haven't seen brought up:

§97.309 RTTY and data emission codes:
http://www.arrl.org/FandES/field/regulations/news/part97/d-305.html#309
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(a) Where authorized by §97.305(c) and 97.307(f) of this Part, an amateur 
station may transmit a RTTY or data emission using the following specified 
digital codes: 
(1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, code 
defined in ITU-T Recommendation F.1, Division C (commonly known as "Baudot"). 
(2) The 7-unit code specified in ITU-R Recommendations M.476-5 and M.625-3 
(commonly known as "AMTOR"). 
(3) The 7-unit, International Alphabet No. 5, code defined in ITU-T 
Recommendation T.50 (commonly known as "ASCII"). 
(4) An amateur station transmitting a RTTY or data emission using a digital 
code specified in this paragraph may use any technique whose technical 
characteristics have been documented publicly, such as CLOVER, G-TOR, or 
PacTOR, for the purpose of facilitating communications. 
(b) Where authorized by §§ 97.305(c) and 97.307(f) of this part, a station may 
transmit a RTTY or data emission using an unspecified digital code, except to a 
station in a country with which the United States does not have an agreement 
permitting the code to be used. RTTY and data emissions using unspecified 
digital codes must not be transmitted for the purpose of obscuring the meaning 
of any communication. When deemed necessary by a District Director to assure 
compliance with the FCC Rules, a station must: 
(1) Cease the transmission using the unspecified digital code; 
(2) Restrict transmissions of any digital code to the extent instructed; 
(3) Maintain a record, convertible to the original information, of all digital 
communications transmitted.
=====

I 'think' that paragraph (b) pertains to any NEW digital modes that have come 
around since PSK31 was introduced. Everyone back then were concerned also 
about the 'legality' of these newer digital modes.
I would take Vince's advice about the rules along with what I have here and 
then make a decision on what is legal and not legal and operate within the 
'Spirit' of the rules as my Grandfather has told me but consider how what you 
are doing effects the other operator also.
James W8ISS

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