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I think the rule is "unfortunate" in the sense that it essentially gives the defense a "free shot" at an opponent. However, that doesn't mean that I think the rule should be changed, for exactly the reason you imply.
If the rulesmakers try to introduce some type of "continuing action" dead-ball-as-a-live-ball foul, all that's going to do is make things worse, as each official's judgement of the "continuing action" is going to be different.
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