[PeterisP]

The fact that GP discards intent as a relevant point makes his/her whole argument invalid - that's the whole point, in our society and law intent matters a lot, it's one of the most important things in determining whether something is a violation and if so, how severe it is.

An argument based on intent is an argument about the reality we live in, an argument that ignores intent might as well be about a fictional world and isn't relevant to ours.