Agreed, if you think mining is wrong...BUT, until they do, they can't go after people who use mining programs (especially if they were used only on hands you were involved in).
I disagree that it's a violation...actually...it seems squarely in the gray area as it's allowed by one section, but not by another. If you use it only against players you've already played, then it doesn't seem to be violating the TOC.