From what I understand, it's also a TAX FREE gain. There's no taxable event that takes place, so there's extra incentive.
I feel legit shorting should be allowed, but they need to reinstate the uptick rule so they can't just pile on and bury a company: http://en.wikipedia.org/wiki/Uptick_rule
And naked shorting should be 100% illegal. I can't sell a car I don't own, so why should this be any different?