An attacker should not be able to run over a defender, a defender should not be able purposly set up the attacker to run him over to get a call either. That would be fair. Whoever caused the collision should be responsible for it. "Could not have avoided it" means the attacker has no chance to stop or change direction to avoid the collision and he should not be the one responsible for it. Standing still outside of the circle holding own crotch then fall down nicely should not make one innicent. All Ginobily was trying to accomplish was to get a whistle and this type of "defense" ahould not be encouraged.
"Could not have avoided it" is extremely subjective. Some players are more clumsy than others. Are you giving each player the same space ahead or according to each player's degree of dexterity? How do you determine it? The way it is is already too hard for the refs to judge. Can you imagine when they had to judge not just if the defender had set, but also if the driver "could have avoided it"? You see the problem? Again, what you suggest is, whenever the offensive player begins to drive, the defense should just get out of the way. You think that's good basketball?
