I think it is a mistake to believe this is a thing. You can be allowed to operate in gray areas for a bunch of reasons, or you can be small enough not to be too bothered about (e.g. shutting you down not deemed worth the effort); but this is a choice of those same systems, not in your control really.
Although to be fair, I guess this stuff really varies by jurisdiction. Otoh, where the gray areas get bigger, your chances of having that go against you are bigger also.