Not the FAA's problem.
Well, yes it is, because it flies. That's kind of why the FAA exists.
You don't need separate rules for profit and not for profit. You can't even enforce them anyway.
No, you don't strictly need separate rules. But it certainly helps hobbyists and the fields they're playing in.
And, yes, actually the FAA HAVE enforced rules about commercializing flight. But that's going to get harder and harder the cheaper and more accessible drones get. Maybe. I mean, the FCC still regulates the airwaves like it's the 1950's while radio transmitters are cheap as dirt. But sure, this here might be the tipping point.
What if I published my drone footage using public domain or creative commons, and someone used that in their for profit movie? Who broke the law then?
No one. No really, that scenario is fine. The public has bitchin footage and a commercial enterprise got something on the cheap. Everyone wins. You might draw the FAA's ire if Mr. BusinessEmployee blatently gets paid to go get some footage, ostensibly publish it online somewhere under guard of a leapord for a day, and then take it down after his business picks it up for use in a movie. But hey, this sort of case-by-case scenario is why we have legal courts.
Extending trespassing laws to a reasonable height would solve all these safety and privacy problems,
Are you fucking with me? You're literally bitching about a blanket law, and then propose a blanket law that will somehow "solve all safety and privacy problems"?
The FAA can regulate actions not intentions.
Right. Which is why if you perform the action of MAKING MONEY with something that flies, you need a waiver from them.