Agree with this.
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For you it is pvp content, but only if you take some risk. For the one ganked it CAN be pvp content, but most likely pve. It depends if the one you ambush is enjoying the thrill or not and it depends on the mood of the ambushed. So from a devs point of view, it should be mixed content. This is what i meant with conflict of interest.
For example, if you ambush someone by oneshotting or finishing off, it is not really pvp, since no actual "fight" happened and the other "player" had no choice in what happens. The only "pvp" involved might be the thrill of danger (but again, this perception is based on the ambushed, not yours). If you ambush someone taking the risk that they get away or fight back, that is "pvp" in the sense of "player versus player".