I'm reading that as saying that a Judge that is taking a break and watching a match needs to let people know that he isn't watching the game as part of his duties and is just a spectator.

That seems like a distinction without a difference. Can marshals really take a break? If they're taking a break and see someone cheating and/or doing something wrong, can't they simply put their marshal/judge hat back on and then deal with it?

It may be just what you say, but that seems like a pointless thing to include in the rules.

I think it might be aimed at the two extremes in tournament sizes. On the one hand, you have an event like Worlds that probably has a lot of folks that have Leader roles during swiss rounds that become Spectators during elimination rounds because the number of Judges needed for rounds with 200 participants need a lot more people filling those roles than are needed for the top 16 and above. On the other end of the spectrum you have relaxed tournaments where Leaders may be participating. In these smaller tournaments, the judge that is playing his own game at the table next to you shouldn't be observing your game in an official capacity unless asked to resolve a dispute.

If I was inadvertently doing something wrong I'd want someone to tell me.

I agree. There was that whole kerfuffle a while back over touching the table while deciding if you wanted to boost or barrel-roll. I wasn't even really aware that I did that at all until someone pointed it out to me

If I was inadvertently doing something wrong I'd want someone to tell me.

|_ This!

because the number of Judges needed for rounds with 200 participants need a lot more people filling those roles than are needed for the top 16 and above.

That could be, they stop being judges and became just spectators who can no longer be judges... But there can be only on Marshal as far as I can tell.

In these smaller tournaments

That's already covered in the rules really.

If I was inadvertently doing something wrong I'd want someone to tell me.

The problem is however, that you will sometimes have people who don't know the rules telling you that you're doing something wrong when you actually aren't.

Then do you debate it with them? Do you pull out the FAQ and show them that you're right? How much of your 75 minutes should you spend discussing the rules with someone who isn't even playing?

Or worse, what happens when someone who doesn't know the rules convinces someone else who may not know the rules very well that they're wrong and so they actually start playing the game the wrong way?

What happens when someone's friend decides he's going to debate the rules with you for as long as possible so the other guy wins on time?

The only difference between cheating and not cheating in those situations is intent, which a Marshall can only guess at.

Not really, because in both cases both players are aware of what's going on, or can point out the mistake after the fact.It takes both players agreement if even only implicit for a ship not to get a stress after shooting someone with rebel captive on it.Now again, I do think that spectators should be able to point out missed mandatory effects, but the rules don't seem to agree with me on that.

Every instance of a broken rule involves both parties. It takes both players agreement, even implicit, for too many/few dice to be rolled, a stress token to not end up on the table after a red maneuver, an extra action to be taken, a maneuver to be grossly mis-executed, to few damage dealt, or even a mid phase adjustment of a dial.

In all of those instances the non-offending player has the ability to notice and prevent the situation. Whether they do or do not does not change that all of those things, if done purposefully, are absolutely cheating.

Cheating isn't absolved because the other player has the ability to notice and prevent it

Just be a good person and tell him what's up. Don't jump to conclusions, freak out, or snap-ban from the store. Just approach the individual and say, "Hey, lots of people think you've been cheating. Clean your act up." If the person is just sloppy (trust me, I know a person who is completely removed from the games he plays), just let them know to not play in high-level tournaments where that kind of behavior is 100% unacceptable.

Easy. Most people aren't trying to be bad people. Just be deliberate, clear, and concise. You will know immediately from the person's response if they had nefarious intentions.