Yes. "We don't care" doesn't mean "bytes not read" on validation. The bytes don't magically disappear. They are pruned post script read.
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Just think logically, if the data is retrievable later (the whole point of saving the arbitrary data in the first place) it has to be saved somewhere and passed to the next node.
Yes, for the purposes of creating and parsing UTXOs the OP_RETURN data is not needed but, it is still read and written to memory.
Right be what are you deserializing as indicatea
the intent.
There is already case law on this.