Did anyone notice the charge drawn by Joey Graham against Kmart in the Cavs game? It was the Manu situation again: Joey was an off-ball defender who crossed the lane to put himself in Kenyon's path after he'd beaten his man. Graham was in position earlier than Ginobili, but no way was he in time for Kmart to change direction, which is the expicit requirement for off-ball defenders in the NBA rules.
If they are not going to apply this provision, then they should change the phrasing in the rule book. Currently, anyone can jump in front of a driving man a draw a charge - awarded for foolhardiness, not position.