I agree that they were obvious and, as you say, the HN conversations show that they occurred to many technologists. That said, I think there is an argument to say that the EFF was better qualified to write the letter. The reason being that MSFT wants to look like an impartial content host (to avoid being liable) and the EFF is explicitly an advocacy group. If MSFT advocates for content on that platform, it could be portrayed as a conflict of interest by the RIAA lawyers. I completely understand the optics of EFF doing the heavy lifting on this one.