Yes and in addition malice is enough times predictable while incompetence is just a quantum void where the probabilities are inverted and your hard earned intuition doesn't help you...

However malice is directed. When it doesn’t take breaks it does a lot more damage usually.

One can argue malice can be controlled with incentives at some level, though.

So can "stupidity". If something is possible for a human to do, it's something that's possible for any sufficiently-enabled/supported human to do. I've heard it put that the inability to understand or do something is a matter of not having acquired the necessary prerequisites. So, the incentives to control stupidity are the incentives to acquire and apply the prerequisite skills or knowledge.

Hmm, sure, but if you want to spot malice, look for the one not taking breaks.

I don't seem to be able to edit this anymore, but there is a grievous gap in the writing: "Barry Appelman, for a long time the boss of all the Unix engineers at AOL."