I don't see how that argument stands up, digital goods are sold all the time, ebooks, courses, advertising inventory, streaming services, gaming, in-game currencies are already a thing and I just see them applying that logic
I don't get how masking balances or adding an IOU layer changes the fact that transactions are performed and that sats are held in a multi-sig or LN channel, where someone holds the keys, just sounds like a loophole that has already been closed