that's what I wanted to know.
So you want to know the ruling under current official (Nihon Kiin) Japanese rules? If the game is scored in your current position:
The ko stone is dead (the hypothetical ko rules do not alter that in hypothetical analysis). Therefore the adjacent empty intersection is not surrounded by live stones of one player. Therefore that intersection is dame (i.e., not territory). The ko stone is dead but not inside territory; therefore Black cannot remove it as part of the scoring. (If he wants to remove, he needs to do so in alternating play.) White's group (other than the ko stone) is adjacent to dame, therefore the group is (by definition of the rules) in-seki. Groups in-seki do not have any territory. Therefore White should have filled the ko in alternating play, i.e., BEFORE scoring. However, if White has made the mistake not to dissolve it, then the aforementioned consequences apply (and resumption or reconfirmation are further complications).http://home.snafu.de/jasiek/rules.htmlhttp://home.snafu.de/jasiek/j1989c.html