> Using those threat intelligence feeds is optional, as the blog post indicates. 9.9.9.10 & secondaries have no filtering.

TIL that filtering is on by default on the standard resolver (9.9.9.9). That’s certainly a surprise to me; I would have expected the standard resolver to provide “honest” DNS responses and a secondary to provide filtering, rather than the reverse (which is what I think Cloudflare does).

While I think that the ruling is both morally and legally questionable, I do agree with GP that this weakens your original argument quite a bit.