Isn't the reason they use DVI that it helps avoid the HDMI licencing costs? Not the FPGA implementation, but the adopter licence fee.
The FPGA I'm using has HDMI and was made by Arduino, but they are not an HDMI Adopter: https://store.arduino.cc/usa/mkr-vidor-4000. "Raspberry Pi Trading Ltd" is one though.
There's a parameter to make the output be DVI only if it's a concern, I'll make a note of this in the README.
For example, the F18Amk2 project at https://atariage.com/forums/topic/280138-f18a-mk2/ which is implementing a TMS9918A has hit this problem.
I am inclined to agree that enforcement isn't 100%, but wanted to flag this up as it's relevant to your users. Thanks for adding the note!