Originally Posted by
rickg523
I thought the discussion here had become about whether it's "jerky" to refuse a swap to a seat even if
you think it's better (the general "you").

+1. The "you" portion seems to being missed. No one said if the poacher thought it was better. No one said anything about how anyone else views the offered seat except for "you." If "you" view offered seat as a better seat and refuse simply because they sat in the seat then that IMO is definition of a jerk.
I don't like people sitting before asking. However I'm not so self punishing and hating of others, as to refuse if I find seat better.