Note: if you do take the scaling factor out, don't forget to track down the reasons behind the original commit that added the test that broke *without* the scaling factor.

For me, "the test suite fails without it" is reason enough for me to say its needed - someone decided at some point to ensure that level of nesting worked, so if we're going to go back on that, we need to know the original reason why the test was added.

I think it's easier just to keep that code working, since we have a solution that *doesn't* break it and really isn't that complicated.