the thing is that the second setup transaction of 10ksat fee then pushes the average tx fee up if lots of idiots spam this scheme
you may have noticed this week the average fee's went from <$3 to >$9
Wasting money by denial-of-service... by no means, is that new to us at all.

It's going to cool down eventually, because blokes will either run out of money or realize that throwing away mountains of several million satoshis is literally throwing their money down a sinkhole never to return again.
I don't understand what the problem is here either. If the transaction is confirmed and included in the blockchain, then it is correct, and if it was rejected, then it is not correct, that's all. Attempts to impose any other criteria for the correct use of bitcoin are laughable.