I think once we start introducing notions of subjective intent into the UCM it loses its authority as an unambiguous guide to what is or is not countable as a TF. I think a vote on whether to include/exclude kitbashes under Articles 1 and/or 10 would be worthwhile.
Perhaps we need to have a catch-all clause for future unresolved issues. Something like "A toy counts until an article specifically excludes it". I think a fair cautionary principle should let us include things in cases of doubt, rather than exclude them.
There might also be some scope to edit the presentation of the Articles into "What Counts" and What Doesn't Count", since at the moment they're all kind of mixed in together. This doesn't change the content, just the presentation. I've had a go preliminary draft effort here.