As I said to you previously (https://news.ycombinator.com/item?id=9592532 ): What value do you expect to get out of demanding that people analyze these random situations? Ultimately, it's the government bureaucrats and legal system that make the decisions, so even if someone gives you some relatively definitive answer, it could still turn out to be wrong.

The determination is made by applying a series of subjective standards, looking at situations that are somewhat comparable along one of those standards is not necessarily going to inform the outcome if the other standards are subjectively more important.

There is room to articulate some frustration with the seeming arbitrariness of the law, but do that instead of asking argumentative questions that are only vaguely interesting to the topic.