Just my two cents
1) I honestly don't think this is about the specific infraction Enter. I see what you're saying and it's common for people to have a tendency to take these sort of situations personal. I honestly don't think it is. Sure Ninja is giving the infractions (although debatable within Mods Only, or if the need be in Feedback or Complain) but it extends further from that now. Ninja has given others out based on the premise of "unconstructive" commentary and what not. It's obviously base more on what he sees the website becoming, and the double standards he sees within the older members and moderators. You're a victim of reactionary reasoning. Goes for you too Screech. I think his actions and feelings about mod powers makes it clear he's not too thrilled about the site in general.
2) I think instead of debating about the infractions themselves, and Ninja's obvious quarrel with the rules of the website regulations and rule set, we need to talk about what constitutes infractions and discipline, what significance an infraction and other moderator devices have, and what and where the boundaries are within the infraction and warning system. Issues are present that with the new ownership can hopefully be settled for the betterment of the site. A lot of people are becoming deterred from site for it's streak of "unseriousness" for lack of a better word. I mean, McNinja may not be using the issue effectively, but there is a sufficient double standard within the hierarchy of the site that isn't too healthy, and sometimes, Misc just needs to stay in Misc
3) What should we do about it then? Although banning should stay within the limits of power to the reigning super mod and the Admins, i think new quality control tests and regulations are in order. Maybe a revamp or custom reputation and title system that not necessarily "shit lists bad users" but maybe makes regulation easier (no images, forum restriction, post number restriction, etc.(and maybe that means an end to happy-fun-time, so be it)) Maybe that system can be implemented more effectively as part of a new infraction/warning system. It's there, it just needs a bit more work is all.
But most importantly, there are a whole lot of actions that are not smart on both sides, but instead of triggering this infighting and bickering, we can get to issues at hand.