With regard to your specific comments about whether intent matters, you may have been misinformed; from the perspective of whether you fall under Part 101 or Part 107, intent is everything, as has been clarified numerous times by the FAA. For example, from a May 5, 2015 FAA memorandum on this subject from the Assistant Chief Counsel for Regulations:
Whether an individual taking pictures or videos or gathering other infmmation using a model
aircraft under the section 336 carve-out could later sell those pictures, videos, or other information
would depend on the person's original intentions in conducting the operation. Ifthe individual's
takes the pictures or videos or gathers other information as part of a hobby or recreational activity,
then a later decision to sell some or all of those pictures, videos, or other information would not
change the character of the operation as part of a hobby or recreational activity that falls within the
section 336 carve-out for model aircraft. No FAA authorization for that operation would be
required.
However, if the individual is conducting the operation with the primary intention of obtaining
pictures, videos, or other information to sell, then the operation is commercial in nature and not
part of a hobby or recreational activity. As noted above, such operations currently would require
an authorization from the FAA. Evidence that may indicate an individual's true intentions in
conducting an operation may include the frequency with which pictures, videos, or other
information collected using an unmanned aircraft is later resold. Operations that frequently result
in pictures, videos, or other information that is sold to a third party may indicate that the operation
is in fact commercial in nature notwithstanding the individual's claim of a hobby or recreational
purpose. The FAA would have to consider each case on its own merits.