I am constrained by the properties of the system today and am encouraging the least bad way to move forward. of course i agree if there is a new proposal that fixes this i will be interested, but as of today any restrictions on op_return will only push people to worse spam variants.

Great point, now go ahead and "just find ways to discourage all spam". I'm sure everyone will be excited to know more.

If you really care about miner decentralisation, you would: Encourage the use of the open-source StratumV2, not Ocean's closed-source Datum system and you would help to ensure that mempools can accurately predict the next block, making it easier for small miners to stay at the tip and propagate their new blocks