The eula is only enforced based on community standards. I get a few suspensions every year so it is enforced. But since posts must be flagged before the eula kicks in some of my posts that break the eula don’t get removed nor do I get suspended for them. I like the system particularly since I dance on the knife’s edge of the eula so often. The community is more lax than the eula which gives me more freedom when posting.
eta: The eula is so uptight that if you’re not as sweet and nice as Polly Purebred you’re going to break it. It’s a simple fact that not only does Apathy break the eula but you also break the eula quite often. So you really shouldn’t complain that he’s getting away with something when you often do too.