In this case you don't need to divine his intent because the strategic advantage is self-evident.
Buffakill, please stop ignoring everyone who is telling you that intent is an important part of the rule. Just because you'd love to reduce things down to their simplest possible form doesn't mean that's how they are, or will be.
As Velax says, the rule is
specifically about intent. You cannot throw that out the window just because there is an easy misinterpretation of the rule that lets you think it's about simple static conditions.
