Exactly. Channel 38 is not a call channel and only became a somewhat defacto call channel only because some people thought that for some strange reason that DX was better and more common there and started to monitor it and call on it. I don't even know if a "gentleman's agreement" exists that it is to be a call channel despite many using it as such. Years ago we had such agreements about ch.11 being the AM call channel and ch 16 LSB was the SSB calling frequency but there was nothing stopping anyone from using either for long QSO's. If 38 is busy move to the opposite sideband or ch 37 or 39.
Before I comment I'd like to say that even though 38 LSB is a nightmare I use it..
If there's dx I'll stop there in order to say hello to the many people I've befriended. Many of whom seem pleased to stay there as long as their rig's are on.
If I contact someone I would like to have a QSO with I'll tell them to qsy.
It's amazing how everyone seems to have to park there when 36, 39 and 40 LSB are empty in comparison.
When the cycle was in full swing and hundreds of stations were calling each other and doubling, tripling and quadrupling over each other I would just say my handle and a qsy. Enough stations would go there to keep me busy for hours if I was so inclined. 38 LSD is so attractive to so many and I'll never understand why. Especially since there's three other channels that are quiet while 38 LSB is one big QRM session. That's not mentioning the so-called freehand frequency's that are open and even quieter then the legal frequencies. I know it's not legal but on 11 meters 27.555 USB seems to be the only real call frequency on 11 meters. I guess it's a gentleman's agreement and most do follow the unwritten rule.
Of course like anywhere now a days there's always going to be that clown in the bunch but for the most part operator's do follow the agreement, call and, move.on to the requested frequency.
I actually heard an argument between 2 locals recently (on 38 LSB). A station in Phil. was arguing that 38 was a call frequency. He was adamant about that. I wonder if the OP is the same guy?
Even if that were the case and 38 was a call frequency, How many actually would follow that rule? HF transceivers, amplifiers, open clarifiers modified audio sections ECT ECT ECT are illegal but many many many people do it anyway. I too break the rules. Every time I turn on my setup but i consider myself a good operator anyway. No noise toys. Don't key over others. Just common sense and courtesy goes a long way. 73