I was trying to stick to the example, but I agree, that getting away with something doesn't determine if it is right or wrong. And the whole concept of that makes for shaky ground for any form of legal or ethical argument.

I think the difference here is that you guys are talking ethics. And in fact what were talking about is enforcement. While its unethical to pick one flower (in it's purest form, robbing the commons of the beauty of a flower), it won't be enforced.