Really you have three logical ways forward and one of them involve anything as silly as "if we keep calling it a game we are exempt"

c) The SR model. It is illegal and so what.  SR doesn't try to pretend they are a "game" that is just an idiotic half step.  Make sure your servers, operator's identities, assets, and operations are sufficiently shielded that prosecution becomes difficulty if not impossible.  Note that the SR wouldn't exist if they tried to pretend US laws didn't apply, that is just dumb.  They embrace the illegality of their actions AND are very conscious that lots of agencies with lots of resources would love nothing more than to shut them down forever.  I am sure that provides a lot of motivation to ensure they are diligent in keeping themselves shielded.  Nobody on the SR has to check a box saying this is just a "indirect delivery game", everyone is a grown up and they know what is going on.