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I think anyone can create a topic. Even in this situation, it's more necessary for the community. Ideally, a moderator should separate the discussion into a new topic.
I don't really understand why another topic is needed at all.
The existing wording in the rules looks frankly unfair compared to the new one. Anyone who wants to can write their counterarguments, and if there are none, the moderators can discuss the details in private and simply make changes, and then notify everyone about it.
The idea that a "hypothetical fly" has an undeniable right to be considered the winner over a "hypothetical thousand skeletons," and they should leave the battlefield solely because it can fly quickly, has never been convincing to me. It was the "lesser of two evils." Well, a draw is an even "lesser of two evils."