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JoannJosh - everything you say is perfectly correct, but I wasn't really making any arguments about what is legally allowable or technically permitted (or not permitted). I was coming at it from a basis of ethics, courtesy, and a sense of fairness in the air - which we all know can vary from the legal outcomes.
My comments were my own opinion on what I think of the various (sometimes hypothetical) players, actions and outcomes, nothing more. I find it's not that unusual for my personal sense of justice to differ from what the law says. Don't get me going on some of the eminent domain rulings! 
J