What you're effectively saying is that some fan creators should suck it up and live in uncertainty, and of course, suck it up if the AO3 ever decides to pursue the enforcement of one of the rules it has already in place. Because other fan creators are getting antsy because their works can't be hosted to the archive yet. For technical reasons.

But they've said that they don't plan on *ever* allowing original art and vids. And all of these arguments- about grey areas, about fannish influence, etc- can be addressed to art. And even *when* we have the art archive up, fanartists are going to be told that they don't get to put their original stuff up there, but writers can. So we're going to have to suck it up, yes, and I'm not sure why artists are expected to, but writers aren't. (I mean, I do understand. Art takes up more resources. But it's the same principle.)