Well if your gonna ignore the history of this I don't really consider your views to have any merit on this anyhow.
Roff you can't ignore the fact messing with a games EXE has always been considered a hack either.
Its a one sided view you have, the problem is ( as I have already said) that a hack to the exe can have been done by numerous other programs that you consider a hack. VAC have no way of knowing what has moded the exe exactly, or how it was.
A hack is a hack, regardless of an engines history.