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My opinion completely aligns with yours! It's just that in the game, Stinger and Maretti started saying that the rules "prohibit" passing if you don't know (or aren't sure) that your opponent is there (maybe this only applies to HotA) - the penalty was discussed up to the point of the result!
That's why I asked the members of the Arbitration Committee to understand how they interpret this point in the SOD (Standard of Discipline) for the future.