My argument (actually nice conversation) w0uld be NEITHER the rag chewer on the freq of a net nor the Net have any "right" to the frequency. Nothing in the regs about "he/she who gets there first as a right." So neither have rights to a freq. So if that is a stalemate would think would go to the most efficient use part that would be more controlling. So if no one owns it seems just more ethical for rag chewer to be nicely informed a regularly scheduled net will soon start and would be mind moving. The most ethical ham I would think to want to accommodate is a long-established net with lots of hams vs his demand of the non-legal first use argument. Again that is why pre-net stuff babble by net folks is useful to avoid someone new using the freq. Most of my experience is on the HHH net and usually pre net is not constant chatter but every few minutes A NC asking for precheckins just to keep some activity going so someone doesn't start a long QSO just before net time.