As far as I know, the RB8 was never illegal.Otherwise they will not be allowed to race in Germany and points should be stripped away.
It is a rule that did not cover all the basis. Thus teams (RBR being the first one) are to exploit the loopholes in order to maximize the performance. Team have been doing this since like forever.
Besides motorsport and technology, F1 is also a legal playing field. Technical directors also plays the role of interpreting the rules to their favor. Like how lawyers and tax accountant interpreting the laws to their favor.
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No action was taken at Hockenheim because the stewards said that while they "do not accept all the arguments of the team, they however conclude that as the regulation is written, the map presented does not breach the text of Art. 5.5.3 of the Formula One Technical Regulations".
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Now the rules have been clarified and further restrictions applied. RBR will just have to change to their previous engine map setting or a map setting satisfying the technical directive issued by the FIA.
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It has now been confirmed to ESPNF1 that the teams have been issued with a clarification surrounding the engine maps, and although the contents of the clarification have not been made public, the BBC reports that a reference map from the opening four races must be supplied to the FIA and that the directive states: "Above 6,000rpm, the maximum engine torque may vary by no more than +/- 2% (from the reference map). And the ignition angle may vary by no more than 2.5%."
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If you know the rule book inside and out, I'm sure you will definitely find a few loopholes teams has been exploiting here and there. Regardless of direct or indirect performance gain.