The title question does beg what are we discussing is legal, the Warre as a total system, exact design and management style, or just the design or a design close to it. This isn't so confusing when people say Langstroth as they usually don't mean his management; and maybe that is why its usually tricksome when people are comparing the two, its further than apples and oranges, its a cider producing facility and an orange slice comparison.
Hence one deviation in design (the nail thing, even if it wasn't a deviation) is discussed as whether its still Warre, (that and Warre devotes strict adherence,) while on the other hand - when you say Langstroth, you usually have Hoffman self spacing frames (~50 years after Langstroth's patent and book) or even plastic frames, my inner cover and top aren't like his, my screened bottom isn't like his, and if you throw in a frame feeder, beetle trap or other gadget its not like his, the only thing my hive that is like I see in his patent and two books is the inner dimensions of a box, but I've yet to have anyone claim my Langstroth hives aren't Langstroths, while I've given up calling my Warresque/modified Warres as Warres as that gets jumped over as not really Warre, so they are just my alternative vertical box hives with topbar frames. I haven't even mentioned management, while their is a lot of great wisdom in The Hive and the Honey-Bee and Langstroth on the Honey Bee, strict adherence to his guidance is not expected when talking Langstroth where it seems most often to be for Warre and Beekeeping For All.
I assumed the original question is "does the design of a Warre hive meet legal requirements," and people have put forth: yes the Warre design is legal.
However I usually assume the word Warre used by itself indicates the complete paired Warre management and Warre design as that is how most have responded to me when I just use the word Warre with no caveats, I also assume that design is always less important then management it seems both in law and bees.
hmm to muddy an already answered question...