You're ignoring my fundamental argument: the DAO tokens were not burnt and that changes the ledger of DAO Tokens vs ETH. There are currently far more tokens in existence than both the DAO contract and the Ethereum platform expect. The ledger of ETH vs DAO Tokens is unbalanced. What would happen if all the token holders tried to split? Eventually there would be DAO tokens but no ETH in the contract. Its an accounting problem as much as it is anything else. Smart contracts imply balanced ledgers of value. Without that, what value do they provide?
If the community accepted your argument, which the apparent majority does not at all, the value of these DAO tokens are truly meaningless, as are the Ethereum tokens they are tied to. Toxic assets. If the community does not enforce balanced ledgers, the Ethereum EVM ceases to be a ledger of value. Erasing the ETH disbursements that should have never occurred in the first place is the optimal solution at this point since the attacker offers no negotiation.