Where does the FAA say if you don't follow the guidelines you are no longer a hobbyist and thus (according to you) operating commercially (107)? Can you cite any case where anyone has been prosecuted for flying BVLOS other than into NFZs and National Parks etc.
In the link that I provided above. The one that you didn't read.
Does the new Small UAS Rule (part 107) apply to recreational UAS operations?
Part 107 does not apply to UAS flown strictly for fun (hobby or recreational purposes) as long as these unmanned aircraft are flown in accordance with the Special Rule for Model Aircraft (Section 336 of P.L. 112-95). Visit our "Fly for Fun" webpage for safety rules and guidelines that apply to recreational UAS operations. The small UAS rule codifies the provisions of section 336 in part 101 of the FAA's regulations, which will prohibit operating a UAS in manner that endangers the safety of the National Airspace System.
Part 107 does not apply to UAS flown strictly for fun (hobby or recreational purposes) as long as these unmanned aircraft are flown in accordance with the Special Rule for Model Aircraft (Section 336 of P.L. 112-95). Visit our "Fly for Fun" webpage for safety rules and guidelines that apply to recreational UAS operations. The small UAS rule codifies the provisions of section 336 in part 101 of the FAA's regulations, which will prohibit operating a UAS in manner that endangers the safety of the National Airspace System.