Those fees is his right to have his transactions processed. It doesn't matter why it is done, not that you can do more than guess in accordance with your personal bias, he is paying for it. Working as intended, in other words.
But how does any of that un-define something as spam? I have a right to push Potatocoin flyers through your door every day, and your letterbox would be working as intended, but it's still spam.
We don't need more third party control. That's most of the point of bitcoin, and one of the major reasons it is worth anything.