Re: What is the sky?
I don't know what shot was in this thing, but if it came within shotgun range, it is in someone's close vicinity and I would argue it isn't in the sky.
The simplest laws are often the best so I propose that ground up they start with the following. Unless it is making an emergency landing, if it is over my land and I can hit it with buckshot from my land then it is in my airspace and may be reasonably hit with buckshot until it is no longer in my airspace.
If someones daughters are sunbathing in a secluded spot of their garden, its wholly inappropriate to be flying camera drones overhead to get a better view. The drone owner isn't covering himself in glory here, regardless of what he may state he was or was not doing.