The error here is discussing this outside of the discussion's scope. The original point in the discussion here is, "What does the rule say?" Sure, we could go philosophical here about what makes sense, what is fair, what is best for RP and so on. The thing is that those issues matter not to rule applying. Apart from the original intent for a particular rule (its spirit), the only thing that matters is the letter of it.
Discussions like these: sensibility, fairness, correctness; these are better discussed during rule construction. Unfortunately they only get in the way of rule applying. They are good to determine if a rule could/should be re-vised/re-written.