This is not true in the same way as OP_RETURN and that's literally the whole point of contention. This has been stated and refuted nearly millions of times at this point.
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Agree that the mechanism is different for how to insert arbitrary data with/without OP_RETURN.
The important thing is to get BIP-444 activated so that the market can price the two chains.
Nah, the fork is doomed to fail for other reasons. Libbitcoin is the only promising implementation and even it is still working on a viable branch for all of its features.