Your 2 scenarios make me think, what is the real difference between the 2? Both describe a situation where you did not get loot. Even with personal loot it could be possible to clear a raid and not get a drop, or get a drop that is not an upgrade. What is the difference between someone else getting something really awesome that you want given to them by the ML or given to them by the RNG loot gods. At the end of the day you still do not have the item.