For someone who claims to have watched the replay over and over again, you really weren't paying attention. Hamilton was passing Kobayashi, not the other way around. Hamilton is the one who screwed up; he needlessly went left when he should have been aiming for the apex of the first corner in Les Combes. If anybody's judgement is in question, it's Hamilton's. He clearly thought he was past Kobayashi when he was not, and he did not need to cut left when he did. As the attacking driver, the burden of responsibility rested with him - and Hamilton accepted fault. Everyone in the world agrees that the accident between Hamilton and Kobayashi was Hamilton's fault. Everyone, that is, except you.
You're apparently one of those rampant Hamilton fans who believes he can do no wrong.
For the record, I'm no Hamilton fanboy. He drives with more balls than sense. Button's game is more my taste, followed at this point by some sequence of Alonso's and Vettel's.
That said, look at the video again. The following refers to the BBC HD, which once can obtain via BitTorrent. Timings are in reference to the start of the race broadcast, always marked by the "speeding glowworms" intro.
At 32:27, Lewis takes the apex of La Source. He's about a car length and a half behind KK.
At 32:34, Lewis has moved out, to the left, and is beside KK approaching Eau Rouge.
At 32:38, Hamilton has completed the pass, and takes the first apex of the Eau Rouge complex with KK half a car-length behind.
At 32:44, Hamilton hits the DRS zone with about a car-length and a half, maybe two car lengths on Kobayashi.
At 32:48, Hamilton moves to driver right, for no obvious reason because it wasn't dictated by the racing line. Kobayashi
also moves to driver right, to slot in behind Lewis and keep the McLaren's slipstream.
Hamilton's DRS is open; Kobayashi's is closed. Martin Brundle, doing the BBC commentary, notes that Hamilton's DRS is open, legally, because he's within a second of someone Brundle never got around to specifying because ...
At 32:50, Kobayashi moves, hard, to driver left. My read, based on his actions at 32:48 and the lack of any immediate action by Hamilton, is he's taking an outside line to make a move on Hamilton into Les Combes.
At 32:53, Hamilton is easing to driver left, apparently in preparation for turn-in for the initial right-hander at Les Combes. Both drivers appear be looking to their right, Kobayashi somewhat more so, as one would expect given the relative positions of the two cars on the track.
At 32:54, the two cars come together. Hamilton is pitched left, into the trackside advertising and the barriers.
I would submit the above sequence of events is evidence that 1). Hamilton completed a pass of Kobayashi between La Source and Eau Rouge; 2). He entered the DRS zone with a lead and opened his DRS; 3). Kobayashi attempted a return pass at the approach to Les Combes 12 seconds after watching Hamilton blow by him; 4) an accident resulted because Hamilton wasn't watching for a much-slower Sauber on much-older tires to attempt an outside move on him.
Hamilton was not at the approach to Les Combes the "attacking driver"; Kobayashi was. Post-race comments by both drivers I thought were more political than accurate. Martin Whitmarsh, however, was very firm in telling the BBC he thought Kobayashi was at fault.
The criticism I'm make of Kobayashi in connection with this particular incident is the same one I'd make of Hamilton in general: more balls than sense.
As for the Maldonado/Hulkenberg/Alonso discussion, you make my point for me: Merely being the quickest driver is not enough.