Totally agree, and this is a much more interesting issue (to me at any rate) than Rooney's penalty. it's interesting because it's quite apparent from these discussions and the ones the pundits have on telly and radio that
no-one really knows what a foul is.
Listen to the stuff they come out with whenever there's a contentious incident, it's like they're randomly generating phrases that have something to do with fouls, but with no sense of any coherent concept of what one is. So one will say, "simple - there's clear contact there," even though you can have contact without it being a foul, and a foul without there being contact. Or they'll say, "harsh from the ref - no real intent there," even though a trip is still a trip if it's made in good faith. Or they'll invoke some vague idea of justice - "that was a dive but he's been brought down three times before that so the ref's right to give it"... or as you say, a foul will take place when the ball's clearly going out, and we all instinctively feel something's wrong there even though it's not in the rules (in fact, the co-commentator on the Rooney incident said something similar about how he was never going to get to the ball).
I tried to address this issue, including why it 'seems weird'
here, and it's even more to the point now because there's no FA Law 12 specifying 'contact' as the issue, there's just the FIFA Laws which don't. I might turn it into a blog to try and foment some discussion.