I was just pointing out, that when a lawyer says "probably", he usually has a good reason to do so. And it's my strong belief that the reference cases in court will not be fought by small companies, because they rarely are.. There is just not enough money to make fit the effort you need to put in winning the first case. Before there is not one single case, I don't think it's necessary to panic and shut everyone out.
You don't need to believe me or agree with me, but reducing this to "my personal appetite for risk" is really weird.
Maybe you have huge assumptions that people reading what you say will add all kinds of limitations to what you say? I don't. It leads to terrible discussions, like this one.
Regarding the personal risk comment, I could've been more clear: From what I got, no lawyer can give you a guarantee at the moment, that what he says is actually what will happen. So in the end you'll have to take action based on recommendations, and take a risk - or, as the op, shut out all European users completely. My personal risk is continuing to do business in the EU, even with this uncertainty. You couldn't have guessed all that from my earlier comment, so I agree it was bad..
I'll try to do better.