I fully agree that solution 1 would be much, much better. But I don't think I have to make a moral judgement when it is OK and when it is not OK: let's assume I think it's not OK in all cases, then it's still worse if they do it against Axel Jones AND HK than if they do it only against Axel Jones OR the HK.

In any case, I'm allowed to make a moral judgement. We do this all the time: Breaking the law is bad, but stealing is less "bad" than killing. And so on.