And as I said before and will continue to say, If you don't think a modeler should ground his plane IMMEDIATELY in the presence of FS aircraft, and would rather risk another incident like this one, then shame on you! I'm sure if you didn't ground your plane, and it results in a human being being hurt or killed, you'd sleep like a baby knowing "you had your rights to fly" around FS aircraft...
I think the difference is what you think a presence of a full scale plane is. To me it is not a plane flying overhead at pattern altitude of about 1000 feet. Though one should keep an eye on it. But instead one should land whenit appears to be heading toward our 400 foot limit. In some places helicopters have flown over with no time to land. In that case dive down and away, dump if it is really really as with this case.