There's a ton equivocal about it. This is not tort law (Tortorella law?). Part of hockey that can seem very 'different' is intent.
@VoidTerraFirma is right - there was no advantage gained.
The real controversy is that
this call used to never be made (sorry for bad syntax). Now, it
is made, and via a new tool/technology. Should players be aware of it? Sure. But as a hockey enthusiast, I enjoy the game less because of this.
In other words, a lot of traditional hockey fans really appreciate that the sport has NOT been officiated as "black or white." In fact, hockey is the one sport I know where officials are asked to judge intentions on the ice, and players take it into account.
A good (and horribly Bruin-centered) example would be the way Anderson summed up McAvoy's hit. Yes, it was to his head, but he
didn't think McAvoy intended to hit him that way, it just happened. And though I know I was poop-talking people here, please allow this to be taken as a serious remark: this is exactly why long-time hockey fans find the passionate judgements of noobs to be ... tough to take seriously, some times. We look at the McAvoy hit (or the Thornton hit, or the Marchand punch, or the Dubois goalie run, or the Kadry cross-check) and we see massive differences.
And a good portion of those differences are derived from the context of the history of the game. Ask us to abandon that in favor of "was he/wasn't he?" instant replay, and you are asking us to abandon one of our favorite parts of the sport's culture.