On #2, if we already had 2 reps on spawn, we'd be ineligible of receiving the target from that FTE'r with new raid rules. Unguilded toons on spawn could become an issue, but this isn't one of those cases. It would be a good time to codify something about requiring guild (or at least, group of people) affiliation when sitting on a spawn, tag or no. Tag would probably be the easiest way to go about it. I'd propose it in the raid discussion.
The solution is to always update the rules when changing circumstances are identified. Amendments n such.
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