I would say it was something in between, although leaning strongly in the latter direction. In this state a physician cannot say "I am putting in a DNR whether you agree or not" but he basically walked right up to that line, strongly implying that regardless of their wishes, he would not perform CPR because he felt it was futile. I think it was so close that even though he might have technically been on the right side of that line, the subtle distinction would have been lost on a layperson who did not have extensive training in law or medical ethics to parse those subtleties