Flying for business vs. hobby

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I was at an outdoor concert last night and someone had what looked to be a DJI 3 or 4 flying over people and of course it was dark.

I know we need a waiver for this when we fly for business and using our license but what about if you're just flying for fun?

Part 2 of my question: What if this guy had his 333 exemption? Then could he do that?
 
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Flying directly over people is a no-no regardless of how you are flying. Never as a hobbiest and only with a waiver (Part 107) or COA (333)
 

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