The folks who will be making that decisions will be the same folks who run the marketplace now. Given that their definitions of those two things are pretty clear cut, I'd say that ti will become something similar to the current situtation in the galleries -- that is, most of the time it won't be a huge deal, but then someone will cross the line and be rather peeved and post about it and it'll go nuts for a few hundred posts and then die out again. It's not quite an evil plot, although if ya buy into them, then heck, it may well could be....

thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)