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I think we may be going in circles, but I do think that the economic truth of being able to pay transaction fees or not is about as objective as we are going to get.
If bitcoin fees were paid in fiat, I would agree with you, but they are paid in bitcoin and so, yes, I think the ability to pay them is an objective measure of whether something is spam or not.
Yea... that's not subjective at all.
/s
Depends on the locking script. Probably.