because uncapped op_return is the actual rules of the network. capped op_return is an unenforceable policy that is easy to route around. now if we think this is bad, we should softfork an actual limit so its impossible to get around.

When you mean easy? How easy, easy for very technical people, or like direct submission to miners? Because if its not feasible to reliably route around the op_return limit I don't see why you should be basically removing it