I am working for a client with a current site that has a flash intro [age on the default homepage. The Enter Site link (flash) takes you to a page with the text in an iframe. Did I say text? I mean a gif in an iframe with text on the image, no alt text. There is no other text on the site. So what I'm getting at is that there is no way but up for this site, and also it is something I can test with to a degeree.
Rather than remove the flash I will use more but with the flash detection running through an external .js file. Those without flash, including Googlebot will be redirected to the html page which will be very similar in layout and will contain identical content. I have used similar methods in the past but before Googlebot followed links in .js files.
I know I shouldn't be concerned because the content presented on the page will be the same and the intent is not to deceive but I want to be sure since it isn't my site. I have always believed that a cloaking penalty required a human look at the site (other than easily recognizable tricks like those used by trafficpower).
Should I be worried?