Interesting argument ... but there are ways to be both safe and legal. You just have to do a little more research. Sure, the "big two" -- Odyssey and Optima -- might not make batteries in the stock size and weight, but there ARE other companies that use these same technologies that do. I have an AGM (same as Optima) battery in my Z3 Coupe, that's exactly the same size as stock (Group 48), using the stock hold-downs. It's a couple of pounds heavier than stock. It's made by Deka (link above).
The additional weight is fine for me since it's in the right place and I'm ballasting up to minimum anyway. But even if someone wasn't in that situation, the point is, that if you want a non-wet-cell battery that's actually legal, they can be found.
BTW, I was forced into this battery by the rules. My stock battery location is inside the passenger compartment (in the floor of the hatch). It's exposed once you remove the trunk carpeting. The rules require a wet-cell battery that's in the passenger compartment to be in a marine-type container. But I could not find any marine-type container that could both fit a stock-sized battery AND still fit into the stock location. I bought and returned SEVEN different containers. So, I needed to find something that wasn't a wet cell, yet was of "similar" size and weight to stock. Naturally, I started with the big two, but came up empty ... it took a little research, but they're out there!