Good clarification, there's a been sort of chilling effect on pvp of late due to the threat of gank sanctions.
Here's another case to consider.
A pirate cruiser comes upon a transport. Transport refuses to pay. Cruiser attacks. Three allied bombers show up to defend the transport. Or two gunboats and a bomber, etcetera. Is that a gank? If they do not all attack, the transport will likely die regardless of what it is (except perhaps barge, lol). And the transport probably will die anyway with three bombers fighting the cruiser if the cruiser focuses the transport.