Step on those particular points, I agree with you. Any novice pilot contemplating any aerobatic manoeuvre without any form of instruction is foolish, but we are largely digressing off the thread subject now.
This pilot DID have previous aerobatic instruction. This pilot did NOT intentionally start to perform a spinning aerobatic manoeuvre with his passenger. He had previously looped earlier in the day because he had done it before, had competent previous instruction and he knew how to do a loop. The regs here are different to yours.