Can a legal non-alert be misinformation anyway?

This happened yesterday:

I have a massive diamond suit and I open 4Di.
In Belgium, all bids past 3NT must not be alerted, and of course my 
partner does not do so.
LHO passes, and my partner bids 4Sp.
I do not need any UI (I don't have any either), to know that he thinks 
4Di was a transfer to spades.
We don't play that, but that does not matter.
Of course I don't alert, and when I next bid 5Di, he understands and 
passes. We make that contract.
However, the opponents can make 6Sp.

Fourth seat has so many spades that it should have been clear to him 
that 4Di was not a transfer to a solid spade suit. But that's beside the 
point. (Suppose he has solid hearts instead)

When a non-alertable call is followed by another non-alertable call 
which seems to describe the first call completely, is this 
misinformation? If fourth seat had asked, he would have received the 
correct (mis-)explanation, but if he just assumes, isn't that the same 
thing? Do we really want people to ask obvious questions?

Herman.

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