Instagram does something similar - they have random ads in HDR which iOS will display at obnoxious brightness. Just what you want as you scroll by trying to find someone you actually follow.
I think it's quite obvious that you can have a system to represent 17 stops of dynamic range without anchoring brightness to an absolute scale, and that you can have a system to represent 6 stops of dynamic range that is anchored to an absolute brightness scale. The two properties are separable.
The only reason that you can get away with saying "half the point of HDR is that the filmmaker can say I want this bit to be this bright" is because of exactly the conflation I'm criticizing: the "HDR" label as used for marketing was redefined to mean high dynamic range plus a standard representation that encodes absolute brightness.