They say it wasn't a pen because Gerrard did not have control of the ball. Going by that logic it should then be okay for defenders to just kick attackers anywhere in the box. Freekick won't be a problem. Just shove the attacker or give him a good kick or even a rugby tackle when the FK is taken. In fact the same rule applies to the entire field. I never realised Football was like NFL and you could run around fouling people so long as they're "not in control of the ball" 
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