The entry to the airbox through the bulkhead (shown in photo two above) is at the top left corner of the radiator behind the passeger side kidney grill on the ///M so presumably it is in a similar position on other models. When the car is moving, the area behind the kidney grill in front of the radiator is at higher pressure than ambient - this ram effect drives air into the airbox. As pressure has no direction, that the scoop points upwards will not reduce the ram effect. It is reasonable to assume that BMW engineers found an advantage to using an upturned scoop as opposed to simply having an open hole through the bulkhead - whether that is to keep out water I don't know. The RPi scoop is sold on the premise that pointing the intake forward into mouth of the kidney grill will increase the ram effect. From personal experience (first with the OEM airbox then latterly an aFe cold air intake), the RPi scoop has little effect on performance beyond perhaps (and I really mean perhaps) allowing the car to rev slightly more freely at extremely high speed. I suspect that the simple explanation for this is that the OEM intake is very efficient at harnessing the ram effect and that any restrictions to flow through the system are not at the level of the scoop.
OP, if you are interested in this, there is at least one extremely lengthy thread about the ram effect and potential modifications to the OEM induction system. Search for Exdos and review his technical posts pertaining to datalogging his car.