Maybe I did not read your post properly but you seemed to ignore this sentence:
“ 45% of the network fails to stop the block from inclusion and orphans 4 blocks”
What this means is that a significant proportion of users would see a transaction with 3 confirmations suddenly appear as unconfirmed. At no point do you dispute this. THIS SHOULD NOT BE POSSIBLE WITH LESS THAN 50% OF THE HASH RATE. Especially not with only 3%!
The main problem with this ‘attack’ is NOT that blocks that are too big get created (which is what you are suggesting is the only problem) but that it causes sudden re-orgs of the blockchain, creating a terrible user experience.
Am I missing something? Would love a response.