Shortwave Listening isn't protected under part 97

 Hey, Gomer, if you are not in QSO, your listening frequency isn't protected under FCC part 97.

What say ?  Yes, that's right. A frequency is open for use if you are not yourself using same and the station transmitting does not hear or is being heard by who ever you're listening to.

 Frequencies are for all licensed amateur operators, not your buddies or your rag chew crew. Get used to it because that's the law.

Now that you know go forth and bitch no more. Also it would seem, calling CQ for more than a minute or two, would be interpreted as broadcasting. It is in fact a one way transmission.Once you have terminated a contact you no longer are protected from competitive use of that frequency by a licensed radio station.
The fact you declare a channel open is just a bit silly. You never had exclusive rights to it from the start.

So, the senile and  proud old goof balls no doubt will just continue to do business as usual. Just remember you are just as likely a Qrmer as the station you believe took your frequency. Remember radios do have tuning dials.