framer, I keep saying it depends on the country.
Here in Australia as per the CASA definition and the regs posted it may not be a pilot - but it could be if ops manual states it is.
** In Australia as per the regulations and laws this United Flight the Pilot (to be in command) would not be responsible for the mess that happened - in some countries he is (if he knew or not).
That is why there needs to be a known point a pilot is responsible/ in command.