I have held off on posting a reply to this topic because I didn't want to start a flame war. But I think I'll throw my opinion in here and see what happens :lol:
First off, let me say that I do not condone using your rifle scope to scan for game animals.
That being said.....
I read the article in question, and the way I took it was that he had already spotted the deer (with his eyeballs) moving toward a specific area. He knew that they were headed for an opening, and started scanning that opening with his scope about the time he thought they would show up. When they did, he spotted them through his scope and if memory serves, took the shot.
I don't necessarily think this constitutes an unsafe act since he had already spotted the deer, and knew that they were there.
Another factor that needs to be considered here is that he was on a private ranch, and was fairly confident that there was not anyone else in the area hunting.
Now, if he had merely seen something moving in the brush, and wondered what it was, and checked it out with his scope, THAT would be a very unsafe act.