Running on 'i would be really surprised if', and 'aren't likely to be' aren't really how businesses work.
(Potential savings or revenue) - (Somewhat easy to calculate cost) * (Difficult to assess risk) = Profit. More or less.
But from my shoes (someone that run a business in the EU, is not compliant right now and is talking to a lawyer), Instapaper decision is a bad risk-management decision.