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We don't have the option of setting aside the rule. The rule doesn't say that the player can hang on the rim and not be called for BI if there's someone under him. It simply says he can hang to avoid injury.
9-11-1
A player shall not commit basket interference. Basket interference occurs when a player:
Touches the ball or basket, (including the net), when the ball is on or within either basket.
Based on the rule, this is BI.
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