I much prefer this definition of Aves to Gauthier's, in which Aves is much less inclusive and limited to the crown-group.
Oh, so do I.
Who cares? :-) You can't blame evolution for our short-sighted definitions.
If _Buitreraptor_ falls inside the group bounded by _Archaeopteryx_ and _Passer_, then it's a member of Aves. Whether one chooses to call _Buitreraptor_ (or even _Archaeopteryx_) a "bird" is subjective, given that "bird" is an imprecise term.