yes, I'd say that even measured on the top side (the side you are supposed to measure, which they do for the official size surveys... ), he's a legitimate 9", maybe even 9.5".
And for all those members here who like to imagine they have 9", (when if they measured on the top side, they'd probably top out at about 7"), please take a look at what a REAL 9" COCK looks like, as opposed to what you have between your legs!