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I'm carefully reading the analysis from the very beginning. I believe that the new formulation of the rules is definitely fairer and more sporting than the old "didn't assess - retreated" option. It's not objective, at least because the attacker simply can't fully and accurately assess everything (magic, terrain, etc.). And I don't see anything terrible in the fact that the rules sometimes change. Of course, there is still room for improvement, but it's already better than it was.