I could not agree more with you. Obviously that amendment is not only for us, it's for both sides. Then both sides know what they can and cannot do.
At this point in time the word “non-commercial” has no definition. If you look, there's not one definition anywhere of that term. There are many situations where the user will say it's not commercial for them, and the photographer will say it is commercial for them.
If they end up in front of a judge, the judge won't be able to say, because both can be right. The funny thing about non-commercial is that both parties can be right and have opposite thinking.
How does a judge make a decision? He doesn't have any criteria. We're trying to put the criteria there, so that people can say, “This is how far non-commercial goes.” It basically helps both parties know where, or where not, to cross the line.