Let's stop arguing about the technicalities for just a moment; Let's talk about "where do we go from here," with this innovative project ? Can we work together to come up with a solution ?
After having read the Counterparty document, I would personally suggest using 80-byte OP_RETURN transactions as a temporary solution, and collaborating with the Freimarket developers to move forward, ideally providing a clean upgrade where XCP assets become Freimarket assets.
It's not enough to have a couple of pools mine our transactions. We need to keep the block time as close to ten minutes as possible.
Then contact more than a couple of pools. This statement sounds like you wish to
force miners to include your transactions; surely you didn't mean it that way?
If you can provide a patch that identifies transactional-only Counterparty OP_RETURN transactions uniquely from 80-byte abuse, I will discuss whitelisting it on Eligius with wizkid057.
This is with the understanding that Counterparty will seek to migrate to a more acceptable solution long-term.
We'd be glad to collaborate with Freimarkets to achieve our common goals. Freimarkets is a great idea, and the more our protocols can be compatible, the better.
It's not a question of forcing anyone to do anything, of course. Counterparty can't default to constructing transactions that are not relayed
by the official, vanilla Bitcoin Core software.