I think this is the problem or at least what permits what we're seeing. If coin holders had to choose a side for their coins to be found on I bet things would be rather different. However, this is in no one's financial interest.

Right now, the risk isn't that high as the worst case (added uncertainty breaks bitcoin completely) is very unlikely. Instead, (a) one side wins you still have the same amount of coins or (b) both sides win and you probably have +2x the value long term.