Come on! You're being silly. Transmitting on a ATC frequency makes that frequency unusable for its intended purpose for the entire time (plus a bit) during such a transmission. Drive-by wi-fiers checking their email do no such thing.
ML/NJ
But my real point is that there is a full spectrum of transmissions in the air at any time, and just because you have the ability to intercept any of them doesn't inherently give you the right to respond to ANY of them which has been the premise of the argument from the outset.
It's like justifying riding on transportation with paying for your ticket, after all, the bus/train/plane was going there anyway.