Yep I can see this arguement, often in Pride you did get situations were the soccer kick wasnt even landed but the threat that it could be was enough to get the ref to step in without any extra punishment.
There is also the issue with shots to the back of the head, under the unifed rules you often basically see fighters using this as a defense, banking than opponents won't attack them but there is always the risk a shot will land and they often do. In Pride this almost never happened because the turtle position left you so vunerable to soccer kicks and knees, I mean really those attacks actually very rarely landed clean in Pride at all because fighters avoided the positions, fell back to open guard when hurt.
Really all these attack are not so much effective offencive weapons as they are deterents to opponents fighting in a certain fashion. Making certain positions dangerous so fighters need to avoid those positions.