But this is not about the the person or the corporation. It's about the users of PKI and the massive existing code infrastructure (not just browsers) they rely upon today and the attacks to which our systems may or may not be vulnerable under the different CA issuance policies.
RFC 5280: 4.2.1.10. Name Constraints: Conforming CAs MUST mark this extension as critical
Sure, there are times when bending the rules of an RFC may be the right thing to do. But breaking this rule violates an interface contract critical for security, thereby retro-actively reducing the security of conformant implementations.
Therefore, users and developers of existing security products must oppose this violation of RFCs.