While the original network regards the sudden non-response of these nodes as failures, it is below the maximum of (n/3)-1, and can continue operating. The network split containing 4 nodes regards the sudden non-response of 11 nodes as a critical issue as there has been > than (n/3)-1 failures which is easily detectable. That split network can then act accordingly, pausing operation and perhaps even informing users of the sudden critical issue until reconnection to the main network partition.
How does this function if you're releasing something as open source where people will be running their own custom clients? Is it safe to say this relies on hard coded client level restrictions rather than protocol based restrictions? Instead of relying on resources (51%) to attack the base protocol, you have a resourceless attack of people just modifying the client? Am I missing something here?
If I do this in Bitcoin, I have to expend gigantic resources in order to make my decision or my decision doesn't exist, which by all metrics, I would consider a "vote". Also, as you said, eMunie nodes are very cheap to run, you can create a huge number of Sybil nodes at the start of the network, then diverge your nodes from the real (but smaller) network and render it non-functional?