Don't listen to them. Swim and other third person narratives/verbs/words that imply a hidden meaning CAN cover you from a legal standpoint. The law does not "assume" anything. This is however taken with a grain of salt, and varies by Country, State and finally local laws. It is not a silver bullet, meaning it will not completely protect you if there is mountains of evidence. Any attorneys or moderators care to embark on that quarrel and vocalize exactly why this theory that the use of these third person narratives/verbs will not provide legal protection in the broadest sense??