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Any time you find the spirit of a rule consistently being violated in a particular way by certain participants who adhere to its letter, the problem is not with those participants, it's with the letter. The football governing bodies have never looked at such a situation for long and decided to let it sit with, oh, well, we'll just have game officials rule on the spirit of the rule rather than the letter. They've always done whatever they could to revise the letter of the rules in conformity with whatever they decided their spirit to be, if they thought they were in conflict.
"Spirit" is good only as an interim consideration to deal with unanticipated situations where the letter is unclear. Now that A-11 is around, it's (fortunately) too late to deal with it that way, even if the letter of the rules was unclear, which it's not. And I guarantee you the rules committee would laugh out of consideration any solution based on an official's judgement pre-snap about what the percentage plays are. And just wait until the first team playing under NCAA rules starts using A-11, and you'll see the letter of their rule doesn't save them either. I think NCAA's going to look at what Fed does about it.
Several posters here have suggested fixes that, while each embodying their own trade-offs, are devoid of any such official's determination as above.
Robert
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