usually normal people dont re-spend their money every 10minutes.. constantly each block for days
when funds are being spent with only low confirms repeatedly its obvious these payments are not normal people buying goods or services.. thus spam
ordinals is just bloated spam (double attack)
That's not always true. For example services like exchanges do exactly what you explained, spend coins with low number of confirmation. That can not be considered a spam.
exchange hotwallets have large number of outputs because they can batch many withdrawals.. they can afford to be penalised as they already make profit on everyones withdrawal fee*.. and a sidenote, i do consider them spam. just not nefarious spam
if a usual lean 1 in 2out is 226bytes lets say at 50sat/byte = 11,600 for a one user withdrawal+change return =11600 a withdrawal
if a batched 1in 100out is 3592bytes lets say at 50sat/byte = 179,600 for 101 outputs(100withdrawals+1change) = 1796 a withdrawal
they could be penalised at 6x base priority fee and not feel the pain
*if you look on most exchanges internal user display. most are charging more then 11,600 per withdrawal even if the network rate shows it costs less per withdrawal(1796) when CEX batch 100withdrawals together.. so CEX can be penalised as spam and still operate..
heck they can just do 200 withdrawals (201 out) =6992bytes*50sat=349,600/200=1,748sats per withdrawal
these 1796 or 1748 withdrawal network cost is still cheaper then 1 user doing 1 withdrawal(1in 2out lean) at 7-8sat/byte
so like i said if the rest of the network of 1in 2out lean tx are being charged at 50sat/byte.. a CEX spamming every block can be penalised for batching and still not get harmed at a higher rate than lean tx pays
.. the great think about digital money is that its code.. and code can be programmed to do wonderful things
P.S i would not mind CEX offering withdrawals to users at 1796sat by batching discount.. IF thats what they charged users at the internal CEX user balance withdrawal request charge..
but they make profit from users by charging more then network fee pretending users have to pay more. so.. yea they should be penalised along with other spammers. we should not be incentivising spammers/centralised services.. while then causing actual independant bitcoin holders to pay the most for just paying 1 recipient occassionally