Not facing the opponent

[just another ref]

Originally Posted by Camron Rust

The player with the ball isn't given any more protection or consideration. They both have a way to earn the right to the space above them.

How did the player with the ball earn the space above him?

If they earn it, they get it. If not and there is contact, the one who causes the contact is at fault, not necessarily the one who is outside their vertical space.

If you can lean over the other guy and still draw a foul, that's quite a consideration.