This strikes me as whataboutism... Just because there is a continuum from obviously illegal to obviously legal does not mean it's all tainted by subjectivity an

This strikes me as whataboutism... Just because there is a continuum from obviously illegal to obviously legal does not mean it's all tainted by subjectivity and nothing can ever be illegal. Intent matters, and judges and juries, while not perfect, do a reasonable job of assessing it. One factor that usually works in the favour of justice is that lawsuits usually target the companies, and there are always at least some employees who do the calculation and decide not to perjure themselves for the financial benefit of their employer.