I agree that it's a rather interesting clause, but I actually mainly agree with the arguments stating what needs to be added to consider the difference between actual hax and expected hax. You say that this makes such things as a hax Togekiss more fair, but in reality it doesn't. The set was designed not as an actual hax, but as something that is manipulated to create a hax that is less luck-based and more forced. It's really just an initial part of the metagame, which in a sense means it is not a real hax, and thus shouldn't be effected by the no-hax clause.
I'm pretty sure the type of hax he's trying to prevent are those that are mainly luck-based, such as how I occasionally win battles because my Porygon2 uses tri-attack and freezes my opponent's Pokemon twice in the same battle, despite the fact that it has a 10% chance of such an affliction (although really 3% when you consider the randomness variable of inflicting burn, paralysis, or freeze within the same move) and I only used the move 4 times.
And from looking at his original variable, I do believe that this is what he is really trying to do. With that said, however, I think his p variable is a little misdirected/overpowering for its position. I know that at least when I battle, I like to switch in and out quite often, and so chances are I'll use all my Pokemon whether I win by 1 Pokemon or if I win by 6. I do think that it needs to be included as part of the variable, but I question how strong of a position it should be given as compared to the other two variables, because although the chances are that someone who still has all their Pokemon left will win no matter what, a match where you have two Pokemon left at the end may be set in the wrong direction just because your odds turned out to not be good enough to be above a 50/50 chance.
I haven't tried out his equation, however, but I just have this feeling as though there are some instances where such a thing may happen, despite the few amount of hax that ended up being used and the true validity of your win.
EDIT: Dang it...someone beat me to one of my main points.
