Someone needs to look up the definition of “promoter” before getting their panties all in a bunch.
It’s NOT that big a deal.
They could’ve used a promoter from any number of other viruses.
Not just the promoter, but the associated sequence.
Which, you know, is really there.
What you seem to be saying is, “If the specifics were different, it wouldn’t be a big deal. So there!”
The error in that argument is left as a proof to the interested reader.