How is the one jumping second at as much risk as the first? Only if you naively assume they are both focused on the ball. The rules are intended to protect the players but in reality they put them at risk. And do you even know what the rules say exactly about what is legal and what is illegal when jumping in the air?

According to FIFA, the only rule that could apply is "kicks or attempts to kick an opponent" (http://www.fifa.com/aboutfifa/footba...d=1290868.html). If you jump and your legs flail, that isn't automatically a foul if you make contact with another player. It's highly subjective of the ref whether it's a foul or not.