A quick search would show you a few times that Rexxxus commented on this. The most recent I could find:
The idea beside of sponging with a Class 5 ship (which is legit because Jascha can’t code his tool in a better way to kick such ships
This was the ruling on a police report on Feb 1 of this year.
In regards to previous situations yes, if the intent was for the server to claim it then yes, that would be punishable. The punishment might be automated at this point with the “structure limit exploit” mechanic, but that’s beyond what I know. Just that it is illegal to do.