I guess I didn't clarify it correctly in the first instance. When I said the ball touched the net, it was actually the tape at the top. That was why I was calling it breaking the plane. In neither instance, was the ball completely below the height of the net.
As for the second instance, as long as the ball is at least partially above the height of the net when it touches, I don't think intent of the setter should come into play. If the ball hits the top, it has just as much chance to go over as not. The blocker should be allowed to play it that way.
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