As I stated to "game the system" you need a huge amount of forging power as you need to be able to create "multiple" blocks behind peoples back in order to have any hope of winning against those "playing fairly" (remember that the longest chain with the best tickets is the winner every time - so if enough honest players are out there then it would be rather hard to beat them).
So for a small player there doesn't seem to be much reason for the penalty (as there would need to be many such small players "in on" the deal to try and help with a fork) - with regards to the larger players it does make some sense (as an "extra" insurance).
If small player not penalized, what if large stakeholders split their Nxts into multiple accounts and game the system?