Perhaps the particular spam *encoding* chosen might be different depending on how the capacity limit was constructed, but that's immaterial to anything you care about. (and fortunately, the weighing scheme has caused the spammers here to encode their bullshit as witness data, which radically lowers the carrying cost of it for the network).
you're acting like they will always find a loophole.
Having looked at a few of the discussions on GitHub and the mailing list, that's the conclusion some developers have drawn, yes. Moving the goalposts only gets you so far. At best, you're causing a temporary inconvenience to people who are financially motivated to create this spam. The best "cure" to the problem is to educate people that buying this crap is a waste of money and a con. That would eliminate the incentive to create it in the first place.