It would be much easier to have an opinion if we saw the post.
Otherwise, I would say Despario is right in what he said, other than it is a loophole. If one just wants to reply directly to the OP and share their opinion directly relating to that, then they can. Maybe it's a little careless and people should scroll through before they post in case of a duplicate opinion, it would be a bit hard to enforce though.
It would be good if we could track obvious cases of this to see how large the problem is over time.